Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
Act, a contributor shall upon retirement be entitled to receive a pension
according to the number of units for which he was contributing at the time of
his retirement:
Provided that any
contributor —
(a) who
has attained the age of 60 years and elects, or is called upon to retire
before he attains the maximum age for retirement; or
(b) the
age for whose retirement is fixed by law at an earlier age than 65 years,
who retires on attaining the age so fixed
shall as from the date
of his retirement be entitled to a pension calculated by adding the actuarial
equivalent of the contributions made or to be made by him to the share of
pension which would have been payable by the State if he had continued to pay
contributions until he attained the maximum age for retirement:
Provided further that
a contributor, other than a contributor who is a member of the Police Force at
the time of his retirement, who has attained the age of 55 years and
elects to retire before attaining the age of 60 years shall as from the
date of his retirement be entitled to a pension calculated by
adding —
(a) the
actuarial equivalent of the contributions made or to be made by him; and
(b) the
actuarial equivalent of the share of pension which would have been payable by
the State but for section 24A if he had continued to pay contributions
until he attained the age of 60 years, having regard in the determination
of such an actuarial equivalent to —
(i)
subsections (4) and (7);
(ii)
the earlier payment of the pension permitted by this
proviso; and
(iii)
reduction in the period of service during which the
State’s share of pension would have been funded if the State were to
have funded its liabilities throughout the contributor’s potential
service to a maximum of 30 years:
Provided further that
a contributor, being a member of the Police Force and having completed
30 years of aggregate service with the State at the time of his
retirement, who has attained the age of 55 years and elects to retire
before attaining the age of 60 years shall, as from the date of his
retirement but subject to this section, be entitled to a pension calculated by
adding the actuarial equivalent of the contributions made or to be made by him
to the share of pension which would have been payable by the State if he had
continued to pay contributions until he attained the maximum age for
retirement:
Provided further that
a contributor, being a member of the Police Force but not having completed
30 years of aggregate service with the State at the time of his
retirement, who has attained the age of 55 years and elects to retire
before attaining the age of 60 years shall, as from the date of his
retirement but subject to this section, be entitled to a pension calculated by
adding —
(a) the
amount of the pension to which he would be entitled under this section if at
the time of his retirement he had not been a member of the Police Force; and
(b) a
supplement calculated in accordance with the formula —
where —
S is the amount of the
supplement payable under this paragraph as part of the State share of the
pension;
A is the amount of the
share of the pension which would have been payable by the State in like
circumstances to the contributor if he had attained the age of 60 years
at the time of his retirement;
B is the amount of the
share of the pension payable by the State in like circumstances to a
contributor other than a contributor who is a member of the Police Force at
the time of his retirement;
C is the number of
months of aggregate service that the contributor served with the State prior
to his retirement; and
D is 360:
Provided also that,
where a contributor has elected to contribute under section 41(2) for an
age of retirement between 60 years and 65 years and has contributed
a higher rate of contribution assessed in accordance with the second proviso
to section 40, and such contributor elects or is called upon to retire
before he attains the age of retirement for which he has elected to contribute
and has contributed as aforesaid, he may either —
(a)
continue to pay contributions at the higher rate until he reaches the age of
retirement for which he has elected to contribute and has contributed and
thereafter receive the full pension to which he is entitled as such
contributor; or
(b) as
from the date of his actual retirement continue to pay contributions at the
lower rate prescribed in respect of retirement at 65 years of age until
he attains the age of 65 years, and thereafter receive the full pension
to which he is entitled as such contributor.
Provided further that,
subject to the proviso to section 6(3), a contributor who is an employee
appointed for a term of years to a statutory office under the Government of
the State shall upon the cessation of his employment, and as from the date of
that cessation —
(a) if
he has not attained the age of 55 years but has completed an aggregate
period of 7 years’ service under the State, be entitled to a
pension which is the actuarial equivalent of the contributions made or to be
made by him and of the share of pension payable by the State and accruing to
him under this Act; or
(b) if
he has not completed an aggregate period of 7 years’ service under
the State, be entitled to a refund of the actual amount of the contributions
made by him as a contributor.
(2) As an alternative
to the acceptance by him of a pension according to the number of units for
which he was contributing at the time of his retirement, a contributor may
either —
(a)
accept a pension for 2 or more units with a refund of the actual amount of his
contributions for the units in excess of the number of units represented by
such reduced pension; or
(b)
waive his entitlement to a pension under this Act and accept from the Board a
refund of the actual amount of the contributions made by him as a contributor.
(2a) Where a
contributor is entitled to a pension in respect of his employment by the State
in the Government department known as the London Agency, the provisions of
subsection (2) shall not apply to him so far as concerns that part of the
pension which qualifies as equivalent pension benefits within the meaning of
Part II of the National Insurance Act 1959 (7 and 8 Eliz. 2, c.47) of the
United Kingdom as amended from time to time or within the meaning of any Act
of the United Kingdom in substitution for the National Insurance Act 1959
, as so amended.
(3) The contributor
shall make his choice of the benefit under this section which he desires to
take, and shall give to the Board notice thereof in writing in the prescribed
form within one month after he is notified of the proposed retirement, or
within such further period as the Board may allow, but no benefit shall be
payable in respect of any unit for which the contributor has not paid the
equivalent of 26 fortnightly contributions at the rate applicable in respect
of that unit.
(4) Notwithstanding
any other provision of the Act, the amount of the share of the pension payable
by the State to a contributor who retires after not less than 7 but less than
20 years of aggregate service with the State shall not exceed 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 have been payable, but
for this subsection, to the contributor if he had been contributing,
immediately prior to his retirement, for a number of units equal to his
primary entitlement; and
Y is the number of
months of aggregate service that the contributor served with the State prior
to his retirement.
(5) Where a person
becomes a contributor after the commencement of subsection (4) and upon
retirement he has not completed an aggregate period of 7 years service,
he is entitled to a refund of the actual amount of the contributions made by
him as a contributor.
(6) The provisions of
subsections (4) and (5) do not apply to a person where the period of
continuous service of that person that is terminated by his retirement
commenced on or before 28 December 1967 or commenced on or after the
date on which the Superannuation and Family Benefits Act Amendment
Act 1976 received the Royal Assent 1 .
(7) Notwithstanding
any other provision of the Act, the amount of the share of the pension payable
by the State to a contributor who retires after not less than 7 but less than
30 years of aggregate service with the State shall not exceed 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 have been payable, but
for this subsection, to the contributor if he had been contributing,
immediately prior to his retirement, for a number of units equal to his
primary entitlement; and
Y is the number of
months of aggregate service that the contributor served with the State prior
to his retirement.
(8) Where a person
becomes a contributor after the commencement of subsection (7) and upon
retirement he has not completed an aggregate period of 7 years service,
he is entitled to a refund of the actual amount of the contributions made by
him as a contributor.
(9)
Where —
(a)
before a person became a contributor, he had been employed by the Crown in
right of the Commonwealth or of this or any other State or by any agency or
instrumentality thereof; and
(b) as a
consequence of that employment he had received a pension or like benefit
included in which was an amount or component representing payments or
contributions made by or on behalf of the Crown, agency or instrumentality,
the period of service
of that person with the Crown, agency or instrumentality prior to his becoming
a contributor under this Act shall not be regarded as service for the purposes
of this Act unless he pays to the Fund for transmission to the Consolidated
Fund a sum equal to the value of that amount or component, but if that person
subsequently ceases to be a contributor under this Act and no pension becomes
payable to him, his spouse or any of his dependants, he is entitled to be
repaid by the State an amount equal to any sum previously paid by him pursuant
to this subsection together with interest thereon at such rate as the
Treasurer determines.
(10) The provisions of
subsections (7), (8) and (9) do not apply to a person where the period of
continuous service of that person that is terminated by his retirement
commenced before the date on which the Superannuation and Family Benefits Act
Amendment Act 1976 received the Royal Assent 1 .
(11) In the case of a
contributor —
(a) who
is a member of the Police Force at the time of his retirement;
(b) who
elects to retire before he attains the age of 60 years; and
(c)
whose annual salary is increased, by reason of promotion to a higher rank,
within the period of 12 months immediately prior to his retirement,
the annual salary of
that contributor immediately prior to his retirement shall for the purposes of
this Act be deemed to be —
(d) the
aggregate amount of salary received by the contributor during such period of
12 months; or
(e) an
amount equal to the aggregate amount of salary that the contributor would have
received during such period of 12 months if salaries pertaining to the
ranks held substantively by the contributor during such period had been at the
same levels throughout that period as they were immediately prior to the
retirement of the contributor,
whichever is the
greater.
[Section 60 8 amended by No. 43 of 1939
s.14; No. 55 of 1945 s.14; No. 39 of 1950 s.13; No. 61 of 1960
s.3; No. 50 of 1961 s.5; No. 43 of 1963 s.6; No. 101 of 1964
s.7; No. 78 of 1967 s.7; No. 27 of 1969 s.8; No. 75 of 1973
s.15; No. 134 of 1976 s.15; No. 30 of 1984 s.9; No. 6 of 1993
s.11.]