Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
Act, contributions by a contributor and by a qualified contributor shall be in
respect of units of pension as defined in section 58, and the maximum
number of units in respect of which a contributor or a qualified contributor
may contribute shall have relation to the salary of the employee
(a) in
accordance with scale A appended to this subsection if the employee commenced
contributing before 1 January 1958; or
(b) in
accordance with column 2 of scale B appended to this subsection if the
employee
(i)
commences contributing on or after that day; or
(ii)
having commenced contributing before that day in respect
of any number of units elects to contribute after that day for an increase in
the number of units, in which case scale B applies only in respect of the
increase in the number of units.
Scale A
Scale B
and thereafter total
unit entitlement is increased by 2, primary unit entitlement by 1, and
non-contributory unit entitlement by 1, units respectively for each $260
of annual salary, or part thereof, above $7 800.
[(2) deleted]
(3) A contributor or a
qualified contributor whose salary does not exceed $416 per annum may elect to
contribute in respect of additional units or half units to make up a total
number of 2½, 3, or 4 units.
(4) Where an employee
enters the service after the commencement of this subsection and becomes a
contributor, the Board may grant an application by him for a number of units
less than the relative number for his salary group as shown in the scale in
subsection (1).
(5) Subject to
subsection (9), if the salary of a contributor is increased and by reason
of that increase falls within a higher salary group in column one of the scale
contained in subsection (1) than the salary group in which it fell prior
to the increase, the following provisions shall apply to the
contributor —
(a) if
he has attained the age of 40 years, or, being an employee at the
commencement of this Act, was not less than 30 years of age when he
became a contributor, he may increase the amount of his contribution to an
amount not exceeding the sum which will provide units of pension to the number
specified in column 2 opposite to that higher salary group; and
(b) in
all other cases he may increase the amount of his contribution to such a sum
as will provide units of pension to the number so specified. Any such
increased contribution shall be payable as from the date upon which the
contributor elects to increase the amount of his contribution:
Provided
that —
(i)
where any increase of salary is due to the operation of
an award of a court or body having power to fix rates of pay, which award
makes the amount of salary liable to be increased if an increase occurs in a
declared basic wage, and by reason of such increase the salary of a
contributor or of a qualified contributor falls within a higher salary group
than the salary group in which it fell prior to the increase, the contributor
or the qualified contributor may elect to increase the amount of his
contribution accordingly; and
(ii)
in any instance in which a declaration of the basic wage
as mentioned in paragraph (i) of this proviso has the effect of placing
employees in the service outside the metropolitan area in a salary group
higher than that for the same grade or class of employees in the service
within the metropolitan area, the employees in the service outside the
metropolitan area who are contributors or qualified contributors may, at their
option, continue to contribute in respect of the same number of units for
which they were contributing prior to such declaration of the basic wage, or
may contribute for the additional unit or units prescribed for the higher
salary group in which they have been placed by reason of the operation of the
declaration of the basic wage as aforesaid; and
(iii)
for the purpose of paragraph (ii) of this proviso
the metropolitan area means that portion of the State comprised within an
imaginary circle having a radius of 50 kilometres from the General Post
Office, at Perth, as the centre of such circle.
(6) An employee
employed in the service at the commencement of this Act who, when he becomes a
contributor, is not less than 30 years of age shall not in any case be
compelled to contribute for more than 2 units but may, within 6 months
after he becomes a contributor, elect to take the benefit of this subsection
and thereupon the following provisions shall apply to him: —
(a)
Subject to paragraph (c) he may elect within the said 6 months to
contribute, at the rates prescribed for the age of 30 years, for 2,
2½, 3 or 4 units; and
(b) if
his period of his service under the State is not less than 10 years, he
may elect within the said 6 months to contribute at the rate appropriate
to his age as provided in the Schedules for units additional to those
contributed for under the last preceding paragraph: Provided
that —
(i)
the total number of units contributed for by any such
employee shall not exceed the number of units prescribed for the salary group
to which, according to the scale contained in subsection (1) he belongs
or the number of 4 units, whichever is the greater;
(ii)
where an employee satisfies the Board that he has failed
to make an election under paragraph (a) within the time specified in that
paragraph owing to circumstances not within his own control, the employee
may —
(a)
contribute for 2 units as at the rate for the age of 30, as from the
commencement of his contributions under this Act; and
(b)
elect, within such further time as is prescribed, to contribute as at the rate
for the age of 30 for additional units so that the total number of units for
which he contributes at that rate is either 2½, 2, 3 or 4 units;
or
(c) if
the period of his service under the State is less than 10 years he may,
in addition to his election under paragraph (a), but subject as
hereinafter provided, elect to contribute from the date on which his period of
service will be not less than 10 years at the rate appropriate to his age
at that date for units additional to those for which he has elected to
contribute under paragraph (a).
Provided
that —
(i)
he shall make his election under this paragraph within
2 months after the date on which his period of service under the State
will be not less than 10 years as aforesaid; and
(ii)
the total number of units contributed for by such
employee shall not exceed the number of units prescribed for the salary group
to which, according to the scale contained in subsection (1) he belongs.
(7) An employee
employed in the service at the commencement of this Act who, when he becomes a
contributor, is not less than 30 years of age, and who has not elected to
take the benefit of the last preceding subsection, may, subject to
subsection (2), elect to contribute for any number of units not being
less than 2 and not exceeding the number prescribed for the salary-group to
which, according to the scale contained in subsection (1), he belongs.
(8) An employee who
has exercised any power of election in pursuance of either of the last 2
preceding subsections, shall pay, as from the date when he became a
contributor, his contributions for the units for which he has elected to
contribute.
Provided that where
the employee exercises a power of election within a further prescribed time,
the employee shall pay as from the first day of the month in which he makes
the election his contributions for the units for which he has so elected to
contribute.
(9) The provisions of
subsection (5) do not apply to or in relation to an election made by a
contributor on or after 1 January 1971 for units in accordance with
Scale B.
(10) Where the salary
of a contributor is increased and by reason of that increase there is an
increase in his total unit entitlement, he may, within 2 months from the
day upon which payment of his salary at the increased rate is approved or the
day upon which the increased salary is payable, whichever is the later, elect
to contribute for any number of additional units that does not exceed the
number of units by which his total unit entitlement was so increased.
(10a) Without
limiting, the operation of subsection (10), a contributor may, under and
subject to the regulations, elect to contribute for the whole of any increase
in his total unit entitlement, or the whole of any increase in his primary
unit entitlement, which may, from time to time, occur by reason of any
increase in his salary which occurs while the election remains in force.
(10b) Regulations made
for the purposes of subsection (10a) may —
(a)
provide that units of pension to which the election related are, in the
prescribed circumstances, valid for the purposes of this Act in the event of
the death or invalidity of the contributor, notwithstanding that no
contributions have been made in respect of those units;
(b)
specify the times at which contributions in respect of those units shall
commence and the ages upon which the rates of contribution are to be assessed;
(ba)
provide that the operation of an election in relation to increases in primary
unit entitlement made by a contributor who, at the time of the election, is
contributing for a number of units exceeding his primary unit entitlement
shall, if the contributor so requests, be deferred until it becomes necessary
for the contributor to contribute for additional units in order to continue
contributing for not less than his primary unit entitlement;
(c)
provide for the manner of making and revoking elections and the limiting of
the circumstances in which contributors, having revoked an election, may
subsequently make further elections; and
(d)
prescribe any other matter necessary or convenient for giving effect to the
purposes of subsection (10a),
but nothing in
subsection (10a), or this subsection shall relieve the contributor of the
obligation (except in relation to the payment of pension in respect of units
in cases of death or invalidity) to make not less than 26 fortnightly
contributions in relation to any unit of pension.
(11) Subject to
subsections (12), (12c) and (12d) and section 38(3), a contributor
who is not contributing for a number of units equal to his total unit
entitlement may at any time elect to contribute for an additional number of
units so that his total number of units will be equal to, or less than, his
total unit entitlement but, except where —
(a) the
election is made under subsection (10); or
(b)
because of the impending retirement of the contributor, the Board dispenses
with the succeeding requirements of this subsection,
the election is not
effective unless the Board, after having considered the report or reports of
such medical examination or examinations as it directs the contributor to
undergo, or such other information or evidence as to the health of the
contributor as it directs the contributor to provide, is satisfied that the
contributor is not suffering from any physical or mental defect or condition
which is likely to render him incapable, before his attaining his maximum age
for retirement, of performing his duties as an employee.
(12) Subject to
subsection (12a) on and from the expiration of the relevant period the
number of additional units for which a contributor who was a contributor at
the commencement of that period may elect to contribute under
subsection (11) is reduced by the number (if any) by which the
contributor’s total unit entitlement at the commencement of that period
exceeds the sum of —
(a) the
number of units for which the contributor was contributing at the commencement
of that period; and
(b) the
number of additional units (if any) for which the contributor elected to
contribute during that period.
(12a)
Subsection (12) does not apply to a contributor if at any time during the
relevant period the sum of the units referred to in subsection (12)(a)
and (b) was —
(a) a
number of units not less than his primary unit entitlement as at the
commencement of that period; or
(b) a
number of units not less than the smallest number of units that would render
him liable to make fortnightly contributions of at least 5% of his normal
fortnightly salary as at the commencement of that period,
and does not apply to
any contributor for limited benefits under section 61.
(12b) For the purposes
of subsections (12) and (12a) a reference in subsection (12)(b) to
units for which a contributor has elected to contribute includes a reference
to units that are the subject of an election that is not effective by reason
only of his suffering from a physical or mental defect or condition, but does
not include a reference to units that comprise any part of an increase in the
contributor’s total unit entitlement that occurs during the relevant
period.
(12c) Where, after the
commencement of the 1987 Act, a person elects under section 32(1) to
become a contributor for a number of units that is —
(a) less
than his primary unit entitlement; and
(b) less
than the smallest number of units that would render him liable to make
fortnightly contributions of at least 5% of his normal fortnightly salary,
the number of
additional units for which the contributor may subsequently elect to
contribute under subsection (11) is reduced by the number by which the
contributor’s total unit entitlement at the time when he becomes a
contributor exceeds the number of units for which he elects under
section 32(1) to become a contributor.
(12d)
Where —
(a) an
increase in the total unit entitlement of a contributor occurs after the
relevant time;
(b) the
contributor does not elect under subsection (10) to contribute for at
least the increase in his primary unit entitlement; and
(c) no
election is in force under subsection (10a) in respect of the
contributor,
then on and from the
expiration of the period of 2 months mentioned in subsection (10)
the number of additional units for which the contributor may elect to
contribute under subsection (11) is reduced by the number by which that
increase in his total unit entitlement exceeds the number of additional units
(if any) for which he elected to contribute under subsection (10).
(12e) In
subsection (12d) the relevant time means —
(a) in
the case of a contributor who became a contributor after the commencement of
the 1987 Act — the time at which he became a contributor;
(b) in
any other case — the commencement of the relevant period.
(12f) In
subsections (12), (12a), (12b) and (12e) the relevant period means the
period of 12 months that commences 6 months after the commencement
of the 1987 Act.
(13) Subject to
subsection (14), in subsections (9) to (12d), and in
section 37A —
non-contributory unit means a unit of pension as
defined by section 37A;
primary unit entitlement , in relation to a
contributor, means the number of units specified in column 3 of Scale B
opposite to the salary group in column one within which the
contributor’s salary falls;
Scale B means Scale B appended to
subsection (1);
total unit entitlement , in relation to a
contributor, means the number of units specified in column 2 of Scale B
opposite to the salary group in column one within which the
contributor’s salary falls.
(14) In
subsections (10a), (10b), (12a), (12c) and (12d) primary unit entitlement
in relation to a contributor to whom section 60(4) or (7) applies means
the smallest number of units for which the contributor would need to be
contributing in order to receive an annual pension on retirement of which the
share payable by the State would be not less than the amount calculated in
accordance with the formula —
where —
F is the amount of the
share of the pension payable by the State that would be payable, but for
section 60(4) or (7), if the contributor —
(a) was
eligible to retire immediately;
(b) had
completed an aggregate period of 7 years service with the State; and
(c) was
contributing for a number of units equal to the number specified in column 3
of Scale B appended to subsection (1) opposite to the salary group in
column 1 within which the contributor’s salary falls;
Y is the number of
months of aggregate service that the contributor has served with the State;
S is the number of
months remaining until the contributor attains the age at which he has elected
to retire; and
T is 240 in the case
of a contributor to whom section 60(4) applies and 360 in the case of a
contributor to whom section 60(7) applies.
[Section 37 8 amended by No. 43 of 1939
s.8; No. 55 of 1945 s.10; No. 65 of 1947 s.8; No. 35 of 1950
s.7; No. 25 of 1951 s.2; No. 36 of 1955 s.3; No. 55 of 1957
s.2; No. 61 of 1960 s.3; No. 43 of 1963 s.4; No. 101 of 1964
s.3; No. 106 of 1965 s.4; No. 27 of 1969 s.4; No. 108 of 1970
s.4; No. 75 of 1973 s.4; No. 47 of 1974 s.5; No. 134 of 1976
s.9; No. 17 of 1987 s.13; No. 73 of 1994 s.4.]