Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The provisions of
this section apply to and in relation to all contributors who retire on or
after 1 January 1971, other than contributors referred to in
section 46B(1)(b).
(2) Where the number
of units for which a contributor has contributed and which he holds on
retirement is equal to or less than his primary unit entitlement at the time
of his retirement, the contributor is also entitled to receive pension in
respect of such number, if any, of non-contributory units as are specified in
column 4 of Scale B opposite to the number of units so contributed for and so
held by him.
(3) Where the number
of units for which a contributor has contributed and which he holds on
retirement is more than his primary unit entitlement at the time of his
retirement, the contributor is also entitled to receive pension in respect of
such number, if any, of non-contributory units as equals the difference
between his total unit entitlement and the number of units so contributed for
and so held by him.
(3a) For the purposes
of subsections (2) and (3), where —
(a) the
primary unit entitlement of a contributor at the time of his retirement is
less than his primary unit entitlement at some time prior thereto; and
(b) the
Board is satisfied that the reduction in the primary unit entitlement of the
contributor arose from the acceptance by the contributor of employment at a
lesser rate of salary for reasons connected with the contributor’s
health or for other good reasons not associated with any misconduct by the
contributor,
the Board may, in
accordance with subsection (3b), determine that a higher primary unit
entitlement shall be deemed to be his primary unit entitlement at the time of
his retirement.
(3b) A primary unit
entitlement determined by the Board under subsection (3a) may be the
primary unit entitlement applicable to —
(a) the
higher rate of salary that the contributor had previously received;
(b) a
notional salary representing the salary from time to time attributable to the
post occupied by the contributor immediately before the reduction; or
(c) some
other notional salary that the Board considers appropriate.
(4) The unit of
non-contributory pension payable under this section is $65 per annum.
(5) Subject to
subsection (6), non-contributory pension provided for in this section is
payable on the same conditions and in the same circumstances and manner as is
that part of the share of pension under this Act which the State is liable to
contribute to the Fund, and for that purpose the provisions set out in the
following table apply, mutatis mutandis , to the payment of non-contributory
pension —
Provision of Act to be applied to payment of non-contributory pension
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Section 32A, section 52(2), sections 53, 54, 57,
section 59 except paragraph (c), section 60, sections 61,
62, 63, 64, 66, 69, 70, 71, 72, 73, 75, 76, 77, 78, 79, 84, 85 and 87. |
(6)
The regulations may modify or vary the conditions on which, and the
circumstances and manner in which, pension is payable, notwithstanding the
provisions of subsection (5).
(7) The State shall
credit to the Fund the amount of any pension payable under this section, and
the Consolidated Fund is hereby permanently appropriated to the extent
necessary.
[Section 37A inserted by No. 108 of 1970
s.5; amended by No. 75 of 1973 s.8; No. 6 of 1993 s.11; No. 8
of 1993 s.67; No. 49 of 1996 s.64.]
[ 37B. Deleted by No. 17 of 1987 s.14.]