Western Australian Consolidated Acts

SUPERANNUATION AND FAMILY BENEFITS ACT 1938

TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement  

   PART I -- Preliminary  

   4.      Construction  
   5.      Saving provisions  
   6.      Interpretation  
   6AA.    De facto spouses  
   6A.     Admission to Fund of certain employees of Civil Service Association  
   6B.     Eligibility of certain statutory office holders to contribute  
   7.      Certain employees who become part-time may continue as contributors or subscribers  

   PART III -- The Superannuation Fund  

   24.     Establishment of the Fund  
   24A.    Establishment of Indexation Account  
   30.     Investigation by actuary  

   PART IV -- Contributions  

           Division 1 -- Contributions by employees  

   31.     Continuation of contributions  
   32.     Election to become a contributor  
   32A.    Contributions where employee formerly contributed to similar fund in the service of the Commonwealth and certain States  
   33.     Provisions in relation to contributors who are also contributors to certain statutory funds  
   34.     Provisions relating to employees who are qualified for superannuation allowance under the Superannuation Act 1871  
   36.     Commencement and cessation of contributions  
   36A.    Contributions under salary sacrifice agreement  

           Division 2 -- Scale of units  

   37.     Scale of units of pension  
   37A.    Non-contributory units of pension  
   38.     Units in excess of 2 units optional  
   39.     Employee reduced in salary  
   39A.    Withdrawal from the Fund  

           Division 3 -- Scale of contributions by employees  

   40.     Contributions according to scale graduated by age at commencement  
   41.     Election to contribute for full pension at 60 years of age  
   42.     Tables of contributions in  

           Division 3A -- Reserve units of pension  

   42A.    Reserve units of pension  

           Division 4 -- Contributions by the State  

   43.     Payments by State where contributions by employee are at rate for age  
   43A.    Special provisions for certain contributors  
   44.     Payments by State where contributions by employee are not at rate for age  
   45.     No payment by the State in respect of pension to widow of qualified contributor  
   46.     Payments from Consolidated Fund  
   46A.    Increase of pension  
   46AB.   Increase in Fund share of pension  
   46B.    Supplementary units of pension  
   46C.    Alteration of rates of certain pensions  

           Division 5 -- General provisions as to contributions  

   47.     Employees on leave of absence  
   48.     Lump sum payments in redemption of future contributions  
   49.     Interest payable on contributions in arrears  
   50.     Manner of payment -- deduction from salary  
   51.     Continuance of contributions by qualified contributor  

   PART V -- Pensions and benefits  

           Division 1 -- Retirement on pension  

   52.     Age of compulsory retirement  
   53.     Breakdown retirement  
   54.     Retrenchment and discharge  
   55.     Dismissal  
   56.     Resignation  

           Division 2 -- Grant of pensions and benefits  

   58.     Pension units  
   59.     Commencing dates for payment of pension  
   60.     Amount of pension on retirement  
   60AA.   Certain contributors may elect to determine pension rights prior to retirement  
   60AB.   Contributor remaining in service: deemed retirement on election to take pension  
   60A.    Contributor remaining in service after 65 years of age  
   60B.    Election by contributors remaining in service after 65 years of age  
   60C.    Payment of portion of pension in certain cases  
   60D.    Commutation of Fund share of pension  
   60E.    Increase in pension for contributors receiving special allowances  
   60F.    Pensioner liable to pay contributions tax may commute part of State share of pension  
   61.     Retirement through invalidity  
   62.     Widow’s and children’s benefits, etc.  
   62A.    Widow’s pension enhanced initially  
   64.     Pension to orphan on death of contributor or pensioner  
   64A.    Discretionary powers in respect of increases  
   65.     Payment of contributions of deceased contributor to personal representatives in certain cases  
   66.     Retrenchment of contributor  
   66A.    Preserved pensions for retrenched persons  
   67.     Resignation, dismissal or discharge of contributor  
   68.     Refunds  
   69.     Desertion by male pensioner of wife or child  
   70.     Imprisonment of pensioners  
   71.     Insanity of pensioners  
   72.     Payments to children  
   73.     Pensions payable for life except in the case of children  
   74.     Provision in case of qualified contributor ceasing to contribute  
   75.     Payment of pension instalments  
   77.     Payment to person other than the pensioner  

           Division 3 -- Break-down pensioners  

   78.     Break-down pensioner to be deemed to be on leave  
   79.     Pensioner restored to health may be recalled to the service  
   80AA.   Reduced pension for pensioner under another scheme  
   80A.    Increases effected by Acts Amendment (Superannuation and Pensions) Act 1951  
   80B.    Increases effected by Acts Amendment (Superannuation and Pensions) Act 1957  
   80C.    Increases effected by Acts Amendment (Superannuation and Pensions) Act 1960  

           Division 4 -- Existing assurance policies  

   81.     Assurance policies may be continued or discontinued at option of contributor  
   82.     Transfer of policies to Board  

           Division 5 -- Provisions relating to the Western Australian Government Railways and Tramways Employees’ Death Benefit and Endowment Fund  

   83.     An employee contributing to Railway Death Benefit and Endowment Fund may transfer rights to Board  

   PART VA -- The Provident Account  

           Division 1 -- General  

   83A.    The Provident Account  
   83AA.   Payments by State into Provident Account  

           Division 2 -- Subscribers  

   83B.    Female subscribers to Provident Account  

           Division 3 -- Contributors  

   83C.    Contributors to the Provident Account  
   83D.    Contributions to the Provident Account  
   83E.    Payments on retirement  
   83F.    Payments on death of contributor with dependants  
   83G.    Payment on death of contributor without dependants  
   83H.    Payment on resignation, etc.  
   83I.    Retrenchment and discharge  
   83J.    Payment to another person  
   83K.    Payments by State  
   83L.    Contributor under this Division not entitled to other benefits  

   PART VB -- Superannuation guarantee scheme  

   83M.    Interpretation  
   83N.    Guaranteed benefits  
   83O.    Effect on other benefits under this Act  
   83P.    Actuarial adjustments  

   PART VI -- Miscellaneous  

   84.     Questions as to invalidity, etc., determined by Board on medical officer’s report  
   85.     Settlement of disputes  
   85A.    Discretionary powers of Board  
   86.     Returns  
   87.     Assignment of pensions  
   88.     Power to recover  
   89.     Regulations  
   90.     Transitional provisions relating to former Superannuation Board  
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           Compilation table