Western Australian Consolidated Acts

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SUPERANNUATION AND FAMILY BENEFITS ACT 1938 - SECT 64

64 .         Pension to orphan on death of contributor or pensioner

        [(1)         deleted]

        (1a)         For the purposes of subsection (1), the amount per week payable for the benefit of a child referred to therein is — 

                  (i)         $10; or

                  (ii)         $4, together with the amount ascertained by dividing by 4 (or, if the number of eligible children of the contributor or pensioner in respect of whom the payment is to be made under subsection (1) is greater than 4, by the number of those children) the amount of the weekly equivalent of the rate of the pension that, but for the death or divorce of the wife of the contributor or pensioner, would, by virtue of section 62(1), have been payable to her,

                whichever is the greater amount per week.

        (2)         Where a male contributor or a male pensioner whose wife is dead or divorced has died leaving children of himself or of his wife who were under the age of 16 years or were student children at the time of his death, and all such children have ceased to be entitled to the benefit of the pension referred to in subsection (1), and the total amount of the Fund’s share of any pensions paid to the contributor or pensioner and in respect of the children is less than the total amount of the contributions credited to the Fund by the contributor or pensioner, the Board shall pay a sum equal to the amount by which the Fund’s share of those pensions is less than those contributions, together with compound interest on that amount at a rate per centum determined by the Board, to the children in equal shares, or to the guardian (if any) of the children or to some other person approved by the Board, to be used for the support and education of the children.

        [Section 64 8 amended by No. 65 of 1947 s.19; No. 36 of 1955 s.9; No. 55 of 1957 s.2; No. 101 of 1964 s.9; No. 106 of 1965 s.13; No. 108 of 1970 s.9; No. 75 of 1973 s.19; No. 49 of 1996 s.64.]



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