Western Australian Consolidated Acts

SUPERANNUATION AND FAMILY BENEFITS ACT 1938 - SECT 44

44 .         Payments by State where contributions by employee are not at rate for age

        (1)         Subject to this Act, in respect of each unit or portion of a unit of pension charged to the Fund on the basis of a contribution corresponding to the rate prescribed for an age younger than that of the contributor at the date upon which he commenced to pay the contribution, a sum ascertained in the manner provided in this section shall be credited by the State to the Fund.

        (2)(a)         In order to determine the sum payable in each case by the State under this section — 

                  (i)         in respect of pensions payment of which commenced before 1 January 1958, the rate of contribution actually payable by the contributor shall be subtracted from 3 times the rate prescribed for the age of the contributor on the date on which he commenced to pay the contribution, and the ratio of that difference to 3 times the rate so prescribed shall be computed; or

                  (ii)         in respect of pensions payment of which commences on or after that day, the provisions of subparagraph (i) shall be applied but with the substitution of 3½ times the rate so prescribed for 3 times that rate.

            (b)         Subject to this Act, the ratio so computed represents such part of the pension payment charged to the Fund as the State shall credit to the Fund.

        (3)         Where a pension calculated in accordance with this Act is less than the prescribed minimum and where this Act provides that the prescribed minimum shall be paid, the amount necessary to bring the pension up to the minimum shall be credited by the State to the Fund in addition to the sums payable by the State under this Division.

        (4)         The State shall credit to the Fund in addition to any sum payable by the State under the foregoing provisions of this section, the difference between the amount that was payable from moneys standing to the credit of the Fund in respect of such 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.

        [Section 44 ⁸ amended by No. 39 of 1950 s.9; No. 25 of 1951 s.2; No. 55 of 1957 s.2; No. 65 of 1962 s.5; No. 106 of 1965 s.8; No. 6 of 1993 s.11; No. 49 of 1996 s.64.]