Western Australian Consolidated Acts Western Australian Consolidated Acts1b This Act was repealed by the State Superannuation
Act 2000 s. 39 but its provisions continue to apply to and in
relation to certain schemes because of the State Superannuation (Transitional
and Consequential Provisions) Act 2000 s. 26 and those provisions
may be amended by regulations under subsection (3) of that section.
1 This is a compilation of the Superannuation and Family
Benefits Act 1938 and includes the amendments made by the other written
laws referred to in the following
table 1a, 22.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
34 of 1938 |
31 January 1939 |
1 March 1939 (except where otherwise provided)
(see section 2 and Gazette 24 February
1939 p.319) |
|
|
Superannuation and Family Benefits Act Amendment
Act 1939 |
43 of 1939 |
20 December 1939 |
1 March 1939 (see section 2) |
|
Amending proclamation |
14 December 1945 pp.1168-9 |
Superannuation Fortnight No. 172 ending on
1 February 1976 |
||
|
Superannuation and Family Benefits Act Amendment
Act 1945 9 |
55 of 1945 |
30 January 1946 |
Section 2(1)(b), 8(1), 13(1): deemed operative
20 December 1939 (see subsection (2) of each of those sections);
sections 3(1), 9(1), 10(1), 11(1), 14(1), 16(1):
1 March 1946 (see section 1 and Gazette 22 February 1946
p.179); balance: 30 January 1946 |
|
|
Superannuation and Family Benefits Act Amendment
Act 1947 10 |
65 of 1947 |
10 January 1948 |
31 January 1948 (see section 2
and Gazette 30 January 1948 p.207) |
|
|
Superannuation and Family Benefits Act Amendment
Act 1950 |
39 of 1950 |
18 December 1950 |
13 January 1951 (see section 2
and Gazette 12 January 1951
|
|
|
Acts Amendment (Superannuation and Pensions)
Act 1951, |
25 of 1951 |
12 December 1951 |
12 December 1951 |
|
|
Superannuation and Family Benefits Act Amendment
Act 1955 |
36 of 1955 |
28 November 1955 |
9 December 1955 |
|
|
Acts Amendment (Superannuation and Pensions)
Act 1957, |
55 of 1957 |
6 December 1957 |
1 January 1958 (see section 1(2)) |
|
|
Acts Amendment (Superannuation and Pensions)
Act 1958, |
19 of 1958 |
22 October 1958 |
22 October 1958 |
|
|
Acts Amendment (Superannuation and Pensions)
Act 1960, |
61 of 1960 |
2 December 1960 |
1 January 1961 (see section 2) |
|
|
Superannuation and Family Benefits Act Amendment
Act 1961 |
50 of 1961 |
23 November 1961 |
23 November 1961 |
|
|
Superannuation and Family Benefits Act Amendment
Act 1962 |
19 of 1962 |
1 October 1962 |
1 October 1962 |
|
|
Acts Amendment (Superannuation and Pensions)
Act 1962, |
65 of 1962 |
30 November 1962 |
29 December 1962 (see section 2) |
|
|
Superannuation and Family Benefits Act Amendment
Act 1963 |
43 of 1963 |
3 December 1963 |
3 December 1963 |
|
|
Superannuation and Family Benefits Act Amendment
Act 1964 |
21 of 1964 |
15 October 1964 |
15 October 1964 |
|
|
Superannuation and Family Benefits Act Amendment
Act (No. 2) 1964 11 |
101 of 1964 |
23 December 1964 |
23 December 1964 |
|
|
Superannuation and Family Benefits Act Amendment
Act 1965 |
106 of 1965 |
17 December 1965 |
14 February 1966 (see section 2) |
|
|
Acts Amendment (Superannuation and Pensions)
Act 1967, |
78 of 1967 |
11 December 1967 |
29 December 1967 (see section 2
and Gazette 29 December 1967 p.3607) |
|
|
Superannuation and Family Benefits Act Amendment
Act 1968 |
13 of 1968 |
8 October 1968 |
8 October 1968 |
|
|
Acts Amendment (Superannuation) Act 1969,
|
27 of 1969 |
16 May 1969 |
Section 8: 28 December 1967 (see section 2(2));
|
|
|
Superannuation and Family Benefits Act Amendment
Act 1970 |
22 of 1970 |
8 May 1970 |
1 January 1970 (see section 2) |
|
|
Acts Amendment (Superannuation and Pensions)
Act 1970, |
108 of 1970 |
8 December 1970 |
1 January 1971
(see section 2(1)) |
|
|
Superannuation and Family Benefits Act Amendment
Act 1973 |
16 of 1973 |
30 May 1973 |
1 July 1973 (see section 2) |
|
|
Superannuation and Family Benefits Act Amendment Act
(No. 2) 1973 |
75 of 1973 |
17 December 1973 |
Sections 7, 11: 1 January 1974 (see section 2(2));
sections 3, 10, 12, 13, 14(a), 17, 18, 19, 20, 23, 24, 26:
|
|
|
Superannuation and Family Benefits Act Amendment
Act 1974 |
47 of 1974 |
26 November 1974 |
Act, except section 5: 18 April 1975 (see section
2 and Gazette 18 April 1975 p.1145);
|
|
|
Superannuation and Family Benefits Act Amendment
Act 1975 |
4 of 1975 |
9 May 1975 |
9 May 1975 |
|
|
Superannuation and Family Benefits Act Amendment
Act 1976 12 |
134 of 1976 |
9 December 1976 |
Sections 6, 8, 9, 18, 20, 21, 22, 23, 24, 25, and
26(c)(i), (d), (e)(i), and (f): 3 June
1977 |
|
|
Superannuation and Family Benefits Act Amendment
Act 1979 14 |
76 of 1979 |
6 December 1979 |
6 December 1979 |
|
|
Superannuation and Family Benefits Amendment
Act 1981 15 |
9 of 1981 |
22 May 1981 |
Deemed operative 13 April 1981 (see section
2) |
|
|
Superannuation and Family Benefits Amendment
Act 1982 |
23 of 1982 |
27 May 1982 |
27 May 1982 |
|
|
Superannuation and Family Benefits Amendment
Act 1984 |
30 of 1984 |
8 June 1984 |
1 July 1984 (see section 2) |
|
|
Superannuation and Family Benefits Amendment
Act 1985 16, 17 |
78 of 1985 |
20 November 1985 |
20 November 1985 (see section 2) |
|
|
Acts Amendment (Financial Administration and Audit)
Act 1985, section 3 |
98 of 1985 |
4 December 1985 |
1 July 1986 (see section 2) |
|
|
Superannuation and Family Benefits Amendment
Act 1986 |
57 of 1986 |
26 November 1986 |
26 November 1986 (see section 2) |
|
|
Superannuation and Family Benefits Amendment
Act 1987 |
17 of 1987 |
25 June 1987 |
1 July 1987 (see section 2) |
|
|
Guardianship and Administration Act 1990,
|
24 of 1990 |
7 September 1990 |
20 October 1992 (see section 2
and Gazette 2 October 1992 p.4811) |
|
|
Financial Administration Legislation Amendment
Act 1993, |
6 of 1993 |
27 August 1993 |
Deemed operative 1 July 1993
(see section 2(1)) |
|
|
Superannuation Legislation Amendment Act 1993
18 |
8 of 1993 |
28 September 1993 |
Sections 50(c), 52, 59, 60(b) and
63: |
|
|
R & I Bank Amendment
Act 1994, |
6 of 1994 |
11 April 1994 |
Section 13 proclaimed 26 April 1994 (see section
2(2) and Gazette 26 April 1994 p.1743) |
|
|
Acts Amendment (Public Sector Management)
Act 1994, |
32 of 1994 |
29 June 1994 |
1 October 1994 (see section 2
and Gazette 30 September 1994 p.4948) |
|
|
Statutes (Repeals and Minor Amendments)
Act 1994, |
73 of 1994 |
9 December 1994 |
9 December 1994
(see section 2) |
|
|
Energy Corporations (Transitional and Consequential
Provisions) Act 1994, |
89 of 1994 |
15 December 1994 |
1 January 1995 (see section 2(2)
and Gazette 23 December 1994 p.7069) |
|
|
Hospitals Amendment Act 1994,
|
103 of 1994 |
11 January 1995 |
3 February 1995 (see section 2
and Gazette 3 February 1995 p.333) |
|
|
Bank of Western Australia Act 1995, section 44
19 |
14 of 1995 |
4 July 1995 |
1 December 1995 (see section 2(3)
and Gazette 29 November 1995 p.5529) |
|
|
Government Employees Superannuation Amendment
Act (No.2) 1995, section 25 |
60 of 1995 |
21 December 1995 |
30 December 1995 (see section 2 and Gazette
29 December 1995 p.6287) |
|
|
Government Employees Superannuation Legislation Amendment
Act 1995, |
62 of 1995 |
9 January 1996 |
9 January 1996 (see section 2) |
|
|
Water Agencies Restructure (Transitional and
Consequential Provisions) Act 1995, |
73 of 1995 |
27 December 1995 |
1 January 1996 (see section 2
and Gazette 29 December 1995 p.6291) |
|
|
Local Government (Consequential Amendments)
Act 1996, |
14 of 1996 |
28 June 1996 |
1 July 1996 (see section 2) |
|
|
Financial Legislation Amendment
Act 1996, |
49 of 1996 |
25 October 1996 |
25 October 1996 (see section
2(1)) |
|
|
Statutes (Repeals and Minor Amendments)
Act 1997, |
57 of 1997 |
15 December 1997 |
15 December 1997 (see section 2) |
|
|
Port Authority (Consequential Provisions)
Act 1999, |
5 of 1999 |
13 April 1999 |
13 April 1999 (see section 2(1)) |
|
|
Gas Corporation (Business Disposal) Act
1999, section 108 |
58 of 1999 |
24 December 1999 |
16 December 2000 (see section 2(5) and Gazette
15 December 2000 p.7201) |
|
|
Statutes (Repeals and Minor Amendments) Act 2000
section 14(13) |
24 of 2000 |
4 July 2000 |
4 July 2000 (see section 2) |
|
|
State Superannuation Act 2000 s. 39
1b |
42 of 2000 |
2 November 2000 |
17 February 2001 (see section 2 and Gazette
16 February 2001 p. 903) |
|
|
16 February 2001 pp.923-1074 |
17 February 2001 (see regulation 2 and Gazette
16 February 2001 p.903) |
|||
|
State Superannuation Amendment Regulations
2001 |
29 June 2001 pp.3077-107 |
1 July 2001 (see regulation 2) |
||
|
State Superannuation Amendment Regulations (No. 2)
2002, r. 29 |
28 June 2002 p. 3007-28 |
1 July 2002
(see regulation 2) |
||
|
State Superannuation Amendment Regulations
(No. 3) 2002 r. 7 |
28 June 2002 p. 3029-33 |
21 September 2002 (see regulation 2 and
Gazette 20 September 2002 p.4693) |
||
|
State Superannuation Amendment Regulations (No. 4)
2003 r. 3 |
30 Dec 2003 p. 5726 |
30 Dec 2003 |
||
|
State Superannuation Amendment Regulations 2004
r.13 |
25 Jun 2004 p. 2228-33 |
25 Jun 2004 |
||
|
State Superannuation Amendment Regulations 2006
Pt. 4 21 |
26 May 2006 p. 1915-33 |
26 May 2006 |
||
|
Financial Legislation Amendment and Repeal Act 2006
s. 5(1) |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2 and Gazette
19 Jan 2007 p. 137) |
|
State Superannuation Amendment Regulations 2007
Pt. 3 |
13 Apr 2007 p. 1577-613 |
13 Apr 2007 (see r. 2) |
|
State Superannuation Amendment Regulations 2008
Pt. 3 published in Gazette 18 Jan 2008
p. 149-56 |
19 Jan 2008 (see r. 2(b)) |
||
|
Police Amendment Act 2008
s. 20 |
8 OF 2008 |
31 Mar 2008 |
1 Apr 2008 (see s. 2(1)) |
1a On the date as at which this compilation was prepared,
provisions referred to in the following table had not come into operation and
were therefore not included in this compilation. For the text of the provisions
see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
State Superannuation Amendment Regulations
(No. 4) 2008 Pt. 3 published in Gazette
23 Jun 2008 p. 2763-99 23 |
Operative on commencement of the State Superannuation
Amendment Act 2007 Pt. 3 (see r. 2(b)) |
||
N.B. The Superannuation and Family Benefits Act 1938 is
affected by section 15 of the District Court of Western Australia
Act 1969 (No. 84 of 1969).
2 Repealed by the Miscellaneous Repeals
Act 1991 (No. 10 of 1991).
3 Reference amended under section 7(5)(a) of the
Reprints Act 1984 to give effect to section 5(2) of the
Water Authority Act 1984 (No. 3 of 1984).
4 Footnote no longer applicable.
5 Abolished by section 37 of the Industrial Arbitration
Act Amendment Act (No. 2) 1963. See now sections 8 and
85 of the Industrial Relations Act 1979 (No. 114 of 1979) which
provide for the Western Australian Industrial Commission and the Western
Australian Industrial Appeal Court respectively.
6 Repealed by the Police Benefit Fund Abolition
Act 1939 (No. 40 of 1939).
7 Reference was originally to section 68A. That section
was renumbered as section 76 in 1949 reprint of the Government Railways
Act 1904 (No. 23 of 1904) pursuant to section 4(g) of the
Amendments Incorporation Act 1938.
8 In the reprint of 20 July 1999 the numbering of Parts,
sections, Divisions, etc., effected in the first reprint (not in a volume), the
1950 reprint (in Volume 2 of the Reprinted Acts of the Parliament of Western
Australia) and subsequent reprints has again been retained. References to the
original numbering are contained in those reprints.
9 Section 20 of the Superannuation and Family Benefits
Act Amendment Act 1945 (No. 55 of 1945) reads as
follows —
“
20. Validation
(1) Insofar as any matter or thing has been done in pursuance of the
provisions of the principal Act prior to the passing of this Act which at the
time of the doing thereof was not or may not have been authorised by the
principal Act as then in force, but which if done after the relevant provisions
of this Act shall have come into operation and taken effect would be authorised
by the principal Act as amended by this Act, the doing of such matter or thing
shall be and is hereby confirmed and validated.
(2) Any adjustments and other arrangements in relation to any matter or
thing, which by subsection (1) of this section is confirmed or validated,
may be made or effected after the relevant provisions of this Act shall have
come into operation and taken effect wherever necessary in order to give effect
retrospectively to the provisions of the principal Act as amended by this
Act.
”.
10 Section 25(1) of the Superannuation and Family
Benefits Act Amendment Act 1947 (No. 65 of 1947) reads as
follows —
“
25. Validation
(1) Insofar as any matter or thing has been done in purported pursuance of
the provisions of the principal Act prior to the commencement of this, the
Superannuation and Family Benefits Act Amendment Act 1947, which at
the time of the doing thereof was not or may not have been authorised by the
principal Act as then in force, but which if done after the relevant provisions
of this, the Superannuation and Family Benefits Act Amendment
Act 1947, shall have come into operation, would be authorised by the
principal Act as amended by this, the Superannuation and Family Benefits Act
Amendment Act 1947, the doing of such matter or thing is confirmed and
validated.
(2) Any adjustments and other arrangements in relation to any matter or
thing, which by subsection (1) of this section is confirmed and validated,
may be made or effected after the relevant provisions of this, the
Superannuation and Family Benefits Act Amendment Act 1947, shall
have come into operation wherever necessary in order to give effect
retrospectively to the provisions of the principal Act as amended by this, the
Superannuation and Family Benefits Act Amendment Act 1947.
”.
11 Section 6(2) of the Superannuation and Family
Benefits Act Amendment Act (No. 2) 1964 (No. 101 of 1964)
reads as follows —
“
(2) The provisions of paragraph (a) of this subsection of
this section shall operate and have effect, and shall be deemed to have operated
and to have had effect, from and including the first day of January, nineteen
hundred and sixty-four.
”.
12 Section 15(2) of the Superannuation and Family
Benefits Act Amendment Act 1976 (No. 134 of 1976) reads as
follows —
“
(2) The State share of pension payable to a person to whom
subsection (4) of section sixty of the principal Act applied immediately
before the date on which the Superannuation and Family Benefits Act Amendment
Act 1976 received the Royal Assent shall, with effect from the first
pension pay day after that date, be increased to the amount which it would have
been had the amendments to that subsection effected by that Act been in
operation when the person retired.
”.
13 Previously Western Australian Institute of Technology
Act 1966 (short title changed by No. 96 of 1986
section 11.)
14 Section 6(2) of the Superannuation and Family
Benefits Act Amendment Act 1979 (No. 76 of 1979) reads as
follows —
“
(2) The amendments effected by subsection (1) of this
section have effect in respect of the first fortnightly payment of the allowance
payable under item 1 and item 2 of Part II of the Sixth Schedule to the
principal Act made in the month of January, 1980 and in respect of every such
subsequent payment.
”.
15 Section 5 of the Superannuation and Family Benefits Act
Amendment Act 1981 (No. 9 of 1981) reads as
follows —
“
5. Validation
Any refund of contributions or refusal to refund contributions by the
Board prior to the date of the coming into operation of this Act in respect of
an election made by a contributor before that date
to —
(a) reduce the number of units of pension held by him: or
(b) retire at a later age than the age in respect of which he was making
his contributions,
or both, is hereby declared to be and to have been valid.
”.
16 Section 4(2) of the Superannuation and Family
Benefits Act Amendment Act 1985 (No. 78 of 1985) reads as
follows —
“
(2) Nothing in subsection (1) or the principal Act shall be
taken to prevent the amount of an adjustment of pension that operates from and
including the first pay-day occurring on or after 1 October 1985 from
being first paid in the period of 6 months commencing on
1 January 1986 with arrears to the day on and from which the
adjustment operates.
”.
17 Section 9(2) of the Superannuation and Family
Benefits Act Amendment Act 1985 (No. 78 of 1985) reads as
follows —
“
(2) The amendments made by subsection (1)(a) and (b) have
effect in respect of every fortnightly payment of a pension or allowance that is
payable under the principal Act on or after 1 January 1986.
”.
18 Part 4 of the Superannuation Legislation Amendment
Act 1993 (No. 8 of 1993) provides for transitional arrangements as
a consequence of that Act and, in particular, section 81 of that Act reads
as follows —
“
81. Certain benefits arising during transition period
If on or after 1 July 1992 but before all of the provisions of
this Act commenced, circumstances occurred that would, if all of the provisions
of this Act had commenced, have entitled a person to a benefit or payment, the
person is entitled to the benefit or payment as if all of the provisions of this
Act had already commenced when the circumstances occurred.
”.
19 Clause 2 of Part B of Schedule 2 of the Bank of
Western Australia Act 1995 (No. 14 of 1995) reads as
follows —
“
2. Provisions relating to Superannuation and Family
Benefits Act 1938
(1) Despite the amendment made by item 13 of Part A of this
Schedule, the Bank is to be deemed to be a department under section 6(1) of
the Act in respect of any employee who was a contributor under that Act
immediately before the day of privatisation.
(2) A person who was such a contributor may continue to be a contributor
after the day of privatisation so long as the person remains an employee of the
Bank.
(3) The Bank, the Government Employees Superannuation Board and the
Treasurer are to enter into an agreement —
(a) defining the entitlement to benefits that are to have effect for the
purposes of the Act in respect of contributors referred to in subclause (1)
and persons referred to in section 62 of the Act in relation to such
contributors; and
(b) fixing the value of the amount required to fund those
benefits.
(4) To the extent that any matter referred to in subclause (3) is not
agreed under that subclause within a period that the Treasurer thinks is
reasonable the matter is to be determined by the Treasurer.
(5) The Bank is to pay to the Treasurer the amount agreed under
subclause (3)(b) or determined under subclause (4) at such time as is
provided for in the agreement or determination.
(6) Subclauses (1) to (5) and any agreement under subclause (3)
or determination under subclause (4) have effect despite any provision of
the Act.
(7) In subclauses (1) to (6) —
Act means the Superannuation and Family Benefits
Act 1938;
Bank has the meaning given by section 19 and includes
the Bank in its capacity as trustee of the BankWest State Superannuation
Scheme;
employee has the same meaning as it has in the
Act.
”.
20 Regulation 267(3) of the State Superannuation Regulations
2001 read as follows:
“
(3) A widower is eligible to receive a pension under the Sixth Schedule as
amended by this regulation on and from the day this regulation comes into
operation, whether the circumstances or events which gave rise to the
eligibility occurred before, on or after that day.
”.
21 The State Superannuation Amendment
Regulations 2006 r. 30(3) reads as follows:
“
(3) If a person became entitled to a widower’s pension before this
regulation came into operation (the commencement day)
section 60D(3c) (as inserted by subregulation (2)) applies in relation
to that person as if the contributor or pensioner had died on the commencement
day.
”.
22 The Superannuation Legislation Amendment and Validation
Act 2006 s. 17 and 20 read as follows:
“
17. Validation of certain
payments
(1) In this section —
Superannuation Act means the State Superannuation
Act 2000, the Government Employees Superannuation Act 1987
or the Superannuation and Family Benefits Act 1938.
(2) A payment or purported payment of a benefit under the State
Superannuation Act 2000, the Government Employees Superannuation
Act 1987 or the Superannuation and Family Benefits Act 1938
that was —
(a) made before this section came into operation; and
(b) invalid or ineffective because of the Administration
Act 1903 section 10,
is, and is to be taken always to have been, as valid and effective as it
would have been if the State Superannuation Act 2000
section 40, as inserted by section 15 of this Act, had been in
operation in respect of each Superannuation Act at the time of the
payment.
(3) If —
(a) a benefit under the State Superannuation Act 2000, the
Government Employees Superannuation Act 1987 or the
Superannuation and Family Benefits Act 1938 was paid to an executor
or administrator of the estate of a deceased person before this section came
into operation; and
(b) the executor or administrator paid, or purportedly paid, some or all
of the benefit to another person before this section came into operation;
and
(c) the payment was invalid or ineffective because of the
Administration Act 1903 section 10,
the executor or administrator is, and is to be taken always to have been,
as liable for the payment referred to in paragraph (b) as the executor or
administrator would have been if the State Superannuation Act 2000
section 40, as inserted by section 15 of this Act, had been in
operation in respect of each Superannuation Act at the time of the payment
referred to in paragraph (a).
20. Validation
of certain things done under the Superannuation and Family Benefits
Act 1938
A thing done or purportedly done —
(a) under the Superannuation and Family Benefits Act 1938
(whether as continued in force by the State Superannuation (Transitional and
Consequential Provisions) Act 2000 section 26 or not);
and
(b) before the State Superannuation Amendment Regulations (No. 4)
2003 came into operation,
is, and is to be taken always to have been, as valid and effective as it
would have been if the definition of “department” in the
Superannuation and Family Benefits Act 1938 section 6(1) had
been amended on 1 January 1997 by inserting after “port
authority” —
“
, every college (within the meaning of the Vocational Education and
Training Act 1996)
”.
23 On the date as at which this compilation was prepared, the
State Superannuation Amendment Regulations (No. 4) 2008 Pt. 3 had not
come into operation. It reads as follows:
“
Part 3 — Amendments to
Superannuation and Family Benefits Act 1938
34. Section 6 amended
Section 6(1) is amended in the definition of “the Board”
by deleting “Government Employees” and inserting
instead —
“ State ”.
35. Section 24 amended
Section 24(2) is amended by deleting “Government
Employees” and inserting instead —
“ State ”.
36. Section 83M amended
Section 83M is amended as follows:
(a) in the definition of “1993 scheme” by deleting
“superannuation scheme continued by section 29(a)” and
inserting instead —
“
West State scheme within the meaning given in section 3(1)
”;
(b) by deleting the definition of “employer’s compulsory
contribution” and inserting instead —
“
employer’s compulsory contribution means a
contribution that the employer is required to make under the State
Superannuation Act 2000;
”.
37. Section 83N amended
Section 83N(2)(aa) and “and” after it are deleted and
the following is inserted instead —
“
(aa) the earning rate applicable to the contributor’s notional
account under that scheme was the CPI rate (as defined in the State
Superannuation Regulations 2001 regulation 3) plus 2%; and
”.
”.