Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
Act and except as otherwise provided in this Act, every employee who becomes a
contributor or a qualified contributor shall contribute to the Fund from such
date (not being more than 6 months after the commencement of this Act) as
the Governor notifies in the Government Gazette in the case of an employee
employed at the commencement of this Act or after commencement of this Act and
on or before the date notified as aforesaid, or, in the case of an employee
whose employment commences after the date so notified, from the date of the
employee’s election to become a contributor.
(2) An employee in the
service at the commencement of this Act who at that date had not reached his
maximum age for retirement and in accordance with the provisions of
section 32, and within the period prescribed by that section gave the
necessary notice of his election to become a contributor or a qualified
contributor, but who attained his maximum age for retirement before the date
notified for the commencement of contributions pursuant to
subsection (1), shall, subject to payment of his initial contribution on
the date appointed under this Act for the payment thereof, be deemed actually
to have become a contributor or a qualified contributor, as the case may be,
within the meaning and for the purposes of this Act and to have paid his
initial contribution within 12 months before he attained his maximum age
for retirement as aforesaid and shall be bound by the provisions of this Act,
and shall be entitled to the benefits provided by this Act accordingly,
notwithstanding that after attaining his maximum age for retirement he ceased
to be an employee.
(3) The following
provisions shall apply in relation to the cessation of payments of
contributions, that is to say —
(a) the
contributions of a contributor and of a qualified contributor shall, subject
to the next succeeding paragraph, cease to be paid when he ceases to be
employed in the service, or immediately after the last periodical payment of
contribution before the anniversary of his initial contribution next preceding
the attainment by him of the maximum age for retirement, whichever first
happens; and
(b) in
the case of a contributor or of a qualified contributor whose initial
contribution is paid within 12 months before he attains the maximum age
for retirement 26 contributions at the periodical rates applicable to the
contributor or to the qualified contributor shall be paid before pension in
respect of superannuation shall become payable.
(c) For
the purposes of paragraph (a) and paragraph (b), the initial
contribution of an employee in respect of any additional unit or part thereof
for which he has elected to contribute shall be deemed to have been made on
the date as from which the contribution in respect of such additional unit or
part became payable.
(4) A contributor or a
qualified contributor —
(a) who
elects or is called upon to retire on or after attaining the age of
60 years; or
(b)
whose maximum age for retirement is fixed at an earlier age than
65 years, but not less than 60 years, and who retires on attaining
the age so fixed
may, notwithstanding
anything contained in this section, contribute in a lump sum or in such
smaller sums and at such periods as the Board approves, the actuarial
equivalent of the amount necessary to complete his payments to the Fund up to
a later age (not exceeding the age of 65 years).
(5) A contributor or
pensioner or a qualified contributor —
(a) who
was, at the time of his retirement, contributing for a number of units not
less than his primary unit entitlement;
(b)
whose salary has been increased subsequently but from a date prior to his
retirement to a higher salary group in column one of the scale contained in
section 37(1) than the salary group in which it fell prior to the
increase
may elect to
contribute such an amount as will provide additional units of pension but so
that the total number of units shall not exceed the number specified in column
2 of the scale contained in section 37(1) opposite to that higher salary
group.
Provided that in
respect of those units 26 contributions at the rate applicable to his age at
retirement shall be made before pension in respect of superannuation shall
become payable and upon payment of those contributions the pension shall
become payable as from the date of retirement in the case of a contributor,
and, in the case of a qualified contributor, the pension to his widow shall
become payable after the death of the qualified contributor following the
payment of the contributions.
[Section 36 8 amended by No. 43 of 1939
s.7; No. 39 of 1950 s.6; No. 25 of 1951 s.2; No. 36 of 1955
s.2; No. 75 of 1973 s.6.]