Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The pensions and
allowances payable under this Act at any time (in the Sixth Schedule referred
to as “the relevant time”) to the widows, widowers and children of
contributors and former contributors, and the rates of those pensions and
allowances, shall, on and from the first fortnightly payment of pension in the
year 1974, be those respectively set out in the Sixth Schedule.
(2) A person is
eligible to receive a pension or allowance under the Sixth Schedule whether
the circumstances or events which gave rise to the eligibility occurred
before, on or after the date on which the Sixth Schedule comes into operation.
(3) The Consolidated
Fund is hereby permanently appropriated to the extent necessary for the
purpose of crediting to the Fund such amounts as are to be charged under this
Act to the Consolidated Fund in respect of the pensions and allowances
referred to in this section.
(4) The Treasurer may
give a direction to the Board under the State Superannuation Regulations 2001
regulation 244 for the payment of a benefit to the widow or widower of a
former contributor if —
(a) the
former contributor died after the State Superannuation Amendment Regulations
2007 came into operation; and
(b) the
widow or widower is not entitled to the pension set out in the Sixth Schedule
item 2 because of the operation of paragraph (c)(ii)(I) and (II) in
column 1 of that item; and
(c) the
Treasurer is satisfied that —
(i)
the marriage was of a bona fide nature; and
(ii)
the special circumstances of the case warrant the payment
of a benefit to the widow or widower.
[Section 62 inserted by No. 75 of 1973
s.17; amended by No. 78 of 1985 s.6; No. 6 of 1993 s.11; No. 49
of 1996 s.64; amended in Gazette 13 Apr 2007 p. 1612;
18 Jan 2008 p. 155.]