SUPERANNUATION AND FAMILY BENEFITS ACT 1938
This legislation has been repealed.
SUPERANNUATION AND FAMILY BENEFITS ACT 1938
TABLE OF PROVISIONS
Long Title
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
84. Questions as to invalidity, etc., determined by Board on medical officer’s report
85. Settlement of disputes
85A. Discretionary powers of Board
86. Returns
87. Assignment of pensions
88. Power to recover
89. Regulations
90. Transitional provisions relating to former Superannuation Board
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
SIXTH SCHEDULE
SEVENTH SCHEDULE