Western Australian Consolidated Acts

SUPERANNUATION AND FAMILY BENEFITS ACT 1938 - SECT 43

43 .         Payments by State where contributions by employee are at rate for age

        (1)         Where units of pension are charged to the Fund on or after 1 January 1958 on the basis of contribution corresponding to the rate prescribed for the age of the contributor at the date upon which he commenced to pay the contribution, the State shall, in respect of each unit or part of a unit of pension

            (a)         credit to the Fund a sum equal to ² / ₃ of the payment charged to the Fund on or after that day if payment of the pension commenced before that day; and

            (b)         credit to the Fund a sum equal to ⁵ / ₇ of the payment charged to the Fund on or after that day in respect of each pension payment of which commences on or after that day; and

            (c)         credit to the Fund in addition to the sum mentioned in paragraph (a) or (b), the difference between the amount that was payable from moneys standing to the credit of the Fund in respect of each unit of pension or part thereof immediately before the date of the coming into operation of the Acts Amendment (Superannuation and Pensions) Act 1962 ¹ , less the supplementation at the rate of $104 per annum in terms of the currency then existing in the cases in which it was payable by the State, and the amount that is so payable from moneys standing to the credit of the Fund in respect of that unit or part immediately after that date, and for that purpose the Consolidated Fund is, to the extent necessary, hereby permanently appropriated accordingly.

        [(2)         deleted]

        (3)         Where in accordance with paragraph (i) of the proviso to the second paragraph of the definition of “department” in section 6, fortnightly payments have been made to the Board on behalf of the State on account of the pension to which such contributor is entitled under this Act, the liability of the State in respect of the pension payable to such contributor under this section and section 44 shall be deemed to be satisfied and discharged to the extent to which the fortnightly payments have already been made as aforesaid.

        (4)         Where a contributor, under section 36 or section 60, elects or is called upon to retire at age 60 years or later age and elects to continue to pay contributions at the lower rate until he attains the age of 65 years, the employing department shall continue to pay the “employer” contributions for the corresponding period to the Board on behalf of the State.

        [Section 43 ⁸ amended by No. 55 of 1945 s.13; No. 65 of 1947 s.13; No.25 of 1951 s.2; No. 55 of 1957 s.2; No. 65 of 1962 s.4; No. 106 of 1965 s.7; No. 6 of 1993 s.11; No. 49 of 1996 s.64.]