• Specific Year
    Any

SUPERANNUATION AND FAMILY BENEFITS ACT 1938

Table of Provisions

  • 1 Short title
  •  
  • 2 Commencement

PART I -- Preliminary  

  • 4 Construction
  •  
  • 5 Saving provisions
  •  
  • 6 Interpretation
  •  
  • 6AA De facto spouses
  •  
  • 6A Admission to Fund of certain employees of Civil Service Association
  •  
  • 6B Eligibility of certain statutory office holders to contribute
  •  
  • 7 Certain employees who become part-time may continue as contributors or subscribers

PART III -- The Superannuation Fund  

  • 24 Establishment of the Fund
  •  
  • 24A Establishment of Indexation Account
  •  
  • 30 Investigation by actuary

PART IV -- Contributions

Division 1 -- Contributions by employees  

  • 31 Continuation of contributions
  •  
  • 32 Election to become a contributor
  •  
  • 32A Contributions where employee formerly contributed to similar fund in the service of the Commonwealth and certain States
  •  
  • 33 Provisions in relation to contributors who are also contributors to certain statutory funds
  •  
  • 34 Provisions relating to employees who are qualified for superannuation allowance under the Superannuation Act 1871
  •  
  • 36 Commencement and cessation of contributions
  •  
  • 36A Contributions under salary sacrifice agreement

Division 2 -- Scale of units  

  • 37 Scale of units of pension
  •  
  • 37A Non-contributory units of pension
  •  
  • 38 Units in excess of 2 units optional
  •  
  • 39 Employee reduced in salary
  •  
  • 39A Withdrawal from the Fund

Division 3 -- Scale of contributions by employees  

  • 40 Contributions according to scale graduated by age at commencement
  •  
  • 41 Election to contribute for full pension at 60 years of age
  •  
  • 42 Tables of contributions in

Division 3A -- Reserve units of pension  

  • 42A Reserve units of pension

Division 4 -- Contributions by the State  

  • 43 Payments by State where contributions by employee are at rate for age
  •  
  • 43A Special provisions for certain contributors
  •  
  • 44 Payments by State where contributions by employee are not at rate for age
  •  
  • 45 No payment by the State in respect of pension to widow of qualified contributor
  •  
  • 46 Payments from Consolidated Fund
  •  
  • 46A Increase of pension
  •  
  • 46AB Increase in Fund share of pension
  •  
  • 46B Supplementary units of pension
  •  
  • 46C Alteration of rates of certain pensions

Division 5 -- General provisions as to contributions  

  • 47 Employees on leave of absence
  •  
  • 48 Lump sum payments in redemption of future contributions
  •  
  • 49 Interest payable on contributions in arrears
  •  
  • 50 Manner of payment -- deduction from salary
  •  
  • 51 Continuance of contributions by qualified contributor

PART V -- Pensions and benefits

Division 1 -- Retirement on pension  

  • 52 Age of compulsory retirement
  •  
  • 53 Breakdown retirement
  •  
  • 54 Retrenchment and discharge
  •  
  • 55 Dismissal
  •  
  • 56 Resignation

Division 2 -- Grant of pensions and benefits  

  • 58 Pension units
  •  
  • 59 Commencing dates for payment of pension
  •  
  • 60 Amount of pension on retirement
  •  
  • 60AA Certain contributors may elect to determine pension rights prior to retirement
  •  
  • 60AB Contributor remaining in service: deemed retirement on election to take pension
  •  
  • 60A Contributor remaining in service after 65 years of age
  •  
  • 60B Election by contributors remaining in service after 65 years of age
  •  
  • 60C Payment of portion of pension in certain cases
  •  
  • 60D Commutation of Fund share of pension
  •  
  • 60E Increase in pension for contributors receiving special allowances
  •  
  • 60F Pensioner liable to pay contributions tax may commute part of State share of pension
  •  
  • 61 Retirement through invalidity
  •  
  • 62 Widow’s and children’s benefits, etc.
  •  
  • 62A Widow’s pension enhanced initially
  •  
  • 64 Pension to orphan on death of contributor or pensioner
  •  
  • 64A Discretionary powers in respect of increases
  •  
  • 65 Payment of contributions of deceased contributor to personal representatives in certain cases
  •  
  • 66 Retrenchment of contributor
  •  
  • 66A Preserved pensions for retrenched persons
  •  
  • 67 Resignation, dismissal or discharge of contributor
  •  
  • 68 Refunds
  •  
  • 69 Desertion by male pensioner of wife or child
  •  
  • 70 Imprisonment of pensioners
  •  
  • 71 Insanity of pensioners
  •  
  • 72 Payments to children
  •  
  • 73 Pensions payable for life except in the case of children
  •  
  • 74 Provision in case of qualified contributor ceasing to contribute
  •  
  • 75 Payment of pension instalments
  •  
  • 77 Payment to person other than the pensioner

Division 3 -- Break-down pensioners  

  • 78 Break-down pensioner to be deemed to be on leave
  •  
  • 79 Pensioner restored to health may be recalled to the service
  •  
  • 80AA Reduced pension for pensioner under another scheme
  •  
  • 80A Increases effected by Acts Amendment (Superannuation and Pensions) Act 1951
  •  
  • 80B Increases effected by Acts Amendment (Superannuation and Pensions) Act 1957
  •  
  • 80C Increases effected by Acts Amendment (Superannuation and Pensions) Act 1960

Division 4 -- Existing assurance policies  

  • 81 Assurance policies may be continued or discontinued at option of contributor
  •  
  • 82 Transfer of policies to Board

Division 5 -- Provisions relating to the Western Australian Government Railways and Tramways Employees’ Death Benefit and Endowment Fund  

  • 83 An employee contributing to Railway Death Benefit and Endowment Fund may transfer rights to Board

PART VA -- The Provident Account

Division 1 -- General  

  • 83A The Provident Account
  •  
  • 83AA Payments by State into Provident Account

Division 2 -- Subscribers  

  • 83B Female subscribers to Provident Account

Division 3 -- Contributors  

  • 83C Contributors to the Provident Account
  •  
  • 83D Contributions to the Provident Account
  •  
  • 83E Payments on retirement
  •  
  • 83F Payments on death of contributor with dependants
  •  
  • 83G Payment on death of contributor without dependants
  •  
  • 83H Payment on resignation, etc.
  •  
  • 83I Retrenchment and discharge
  •  
  • 83J Payment to another person
  •  
  • 83K Payments by State
  •  
  • 83L Contributor under this Division not entitled to other benefits

PART VB -- Superannuation guarantee scheme  

  • 83M Interpretation
  •  
  • 83N Guaranteed benefits
  •  
  • 83O Effect on other benefits under this Act
  •  
  • 83P Actuarial adjustments

PART VI -- Miscellaneous  

Navigate