Superannuation (Pension Increases) Act 1961 Act No. 86 of 1961 as amended This compilation was prepared on 5 November 2012 taking into account amendments up to Act No. 141 of 2012 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Parliamentary Counsel, Canberra Contents 1 Short title [see Note 1]........................... 2 Commencement [see Note 1]....................... 3 Interpretation................................. 4 Increases in certain pensions........................ 6 Payment of pension increases....................... 7 Application.................................. Notes An Act to provide for Increases in certain Superannuation Pensions 1 Short title [see Note 1] This Act may be cited as the Superannuation (Pension Increases) Act 1961. 2 Commencement [see Note 1] This Act shall come into operation on the day on which it receives the Royal Assent. 3 Interpretation (1) In this Act, unless the contrary intention appears: actual unit contribution, in relation to a prescribed pensioner, means the number of units of pension in respect of which pension was payable to the pensioner immediately before the commencing date. actual unit entitlement: (a) in relation to a prescribed pensioner, not being a non‑contributory pensioner, means: (i) the number of units of pension that, at the prescribed time, was, in accordance with the scale set out in subsection (1) of section thirteen of the Superannuation Act 1922 or of that Act as amended and in force at that time, applicable to an annual salary equal to his annual salary at that time; or (ii) his actual unit contribution; whichever is the greater; and (b) in relation to a prescribed pensioner, being a non‑contributory pensioner, means: (i) the number of units of pension that was, in accordance with the scale set out in subsection (1) of section thirteen of the Superannuation Act 1922, applicable to an annual salary equal to his annual salary at the time of his retirement; or (ii) four units of pension; whichever is the less. additional unit entitlement, in relation to a prescribed pensioner, means the number of units of pension, if any, by which his adjusted unit entitlement exceeds his actual unit entitlement. adjusted unit entitlement, in relation to a prescribed pensioner, means the number of units of pension that, in accordance with the scale set out in subsection (1) of section thirteen of the Superannuation Act 1922‑1954, is applicable to an annual salary equal to his notional annual salary. non‑contributory pensioner means a person to whom, immediately before the commencing date, a pension was payable (otherwise than as a widow) by virtue of section nine or section fourteen of the Superannuation Act (No. 2) 1956. notional annual salary, in relation to a prescribed pensioner, means such annual salary as the Treasurer, having regard to general increases in the rates of salaries of contributors that occurred after the prescribed time, determines to be the salary that, as at the nineteenth day of April, One thousand nine hundred and fifty‑four: (a) in the case of a pensioner who is not a non‑contributory pensioner—corresponded with the annual salary that was payable to him at the prescribed time; or (b) in the case of a pensioner who is a non‑contributory pensioner—corresponded with: (i) the annual salary that was payable to him at the prescribed time; or (ii) the minimum annual salary that, at the commencement of the Superannuation Act 1922, entitled an employee to contribute for four units of pension; whichever is the less. prescribed pensioner means: (a) a person to whom, immediately before the commencing date, a pension was payable by virtue of that person having been a contributor, being a pension that commenced to be payable before the twentieth day of April, One thousand nine hundred and fifty‑four; or (b) a non‑contributory pensioner. the commencing date means the date of commencement of this Act. the prescribed amount: (a) in relation to a prescribed pensioner, not being a pensioner in relation to whom paragraph (b), (c) or (d) of this definition applies—means the amount of Thirty‑two pounds ten shillings; (b) in relation to a prescribed pensioner whose actual unit contribution is less than his actual unit entitlement, not being a pensioner in respect of whom section fifty‑two of the Superannuation Act 1922 or of that Act as amended applied—means such amount as bears to the amount of Thirty‑two pounds ten shillings the same proportion as his actual unit contribution bears to his actual unit entitlement; (c) in relation to a prescribed pensioner in respect of whom section fifty‑two of the Superannuation Act 1922 or of that Act as amended applied and who had neglected to contribute, or had elected not to contribute, for a unit of pension (including a fraction of a unit of pension) for which he was eligible or required to contribute—means such amount as bears to the amount of Thirty‑two pounds ten shillings the same proportion as his actual unit contribution bears to a number of units of pension equal to the difference between the number of units of pension ascertained in relation to him for the purposes of sub‑paragraph (i) of paragraph (a) of the definition of actual unit entitlement in this subsection and the number of units determined in relation to him for the purposes of paragraph (b) of subsection (1) of section fifty‑two of the Superannuation Act 1922 or of that Act as amended; and (d) in relation to a prescribed pensioner whose pension became payable under the proviso to section twenty‑nine of the Superannuation Act 1922 or of that Act as amended, or under section sixty M, or paragraph (a) of subsection (2) of section sixty O, of the Superannuation Act 1922‑1924 or of that Act as amended—means such amount as bears to the amount that would, but for this paragraph, be applicable in relation to him under this definition the same proportion as the amount of annual pension that was payable to him immediately before the commencing date bears to the amount of annual pension that would have been so payable to him if, upon retirement, he had become entitled to receive a pension under section twenty‑nine of the Superannuation Act 1922, or of that Act as amended, according to the number of units of pension for which he was contributing at the time of his retirement. the prescribed time: (a) in relation to a prescribed pensioner who retired before the twelfth day of June, One thousand nine hundred and forty‑seven, not being a non‑contributory pensioner—means the time immediately before he ceased to pay contributions or he attained the maximum age for retirement, whichever first occurred; and (b) in relation to any other prescribed pensioner—means the time immediately before his retirement. (2) Expressions used in this Act that are also used in the Superannuation Act 1922‑1959 have in this Act, unless the contrary intention appears, the same respective meanings as they have in that Act, but subsection (2) of section thirty‑six of that Act shall not be taken as applying for the purpose of ascertaining the annual salary of a person for the purposes of this Act. (3) For the purposes of this Act, the annual salary that was payable at any relevant time to a prescribed pensioner who, at that time, was paid salary at a rate other than an annual rate of salary shall be ascertained as prescribed for the purposes of section twenty of the Superannuation Act 1922‑1959. 4 Increases in certain pensions (1) Where the adjusted unit entitlement of a prescribed pensioner exceeds his actual unit entitlement, the pensioner is, subject to this section, entitled to an increase in the amount of the annual pension that is payable to him, being an increase equal to the product of the prescribed amount applicable in relation to him and a number equal to the number of units of pension included in his additional unit entitlement. (2) Where the pension payable to a prescribed pensioner was increased in pursuance of section eleven of the Superannuation Act 1957, the pensioner is not entitled to an increase under the last preceding subsection in the amount of the annual pension that is payable to him except to the extent that the amount of the increase in the annual pension to which, but for this subsection, he would be entitled exceeds the amount by which the amount of annual pension payable to him was increased in pursuance of section eleven of the Superannuation Act 1957. (3) Where a person would, but for section sixty‑five of the Superannuation Act 1922‑1959, be a prescribed pensioner for the purposes of this Act, the rate of pension on which that person was retired shall, for the purposes of that section, be deemed to be the rate at which pension would have been payable to him after the commencing date if he had been a prescribed pensioner. (4) Where, immediately before the commencing date, a pension was payable to a person by virtue of that person being the widow of: (a) a pensioner who, if he had not died and had been in receipt of pension immediately before the commencing date, would have been entitled to an increase in that pension under subsection (1) of this section; or (b) a person who died before retirement but who, if he had retired on the day on which he died and had been in receipt of pension immediately before the commencing date, would have been entitled to an increase in that pension under that subsection; the widow is, subject to this section, entitled to an increase in her pension, being an increase equal to five‑eighths of the increase in pension to which her husband would have been entitled under that subsection. (5) Where, immediately before the commencing date, subsection (1) or (3) of section sixty‑six of the Superannuation Act 1922‑1959 applied to a pension payable to a person, the pension payable to that person at that time shall, for the purposes of this Act, be deemed to be the pension that would have been payable to that person if that subsection had not applied to the pension, but any increase in a pension to which a person is entitled under this section is subject to the operation of that section and, for the purposes of that section in its application to that pension, the increased pension shall be deemed to be payable under that Act. (6) The increases in pensions provided for by this section do not apply to or in relation to: (a) a pension in respect of a child; (b) a pension that became payable under section fifty‑seven of the Superannuation Act 1922 or of that Act as amended, not being a pension for which contributions were made to a State Fund as defined in section one hundred and one of the Superannuation Act 1922‑1959; or (c) a pension that became payable under section fifty‑three or fifty‑eight of the Superannuation Act 1922 or of that Act as amended. 6 Payment of pension increases (1) The reference in subsection (1) of section ten of the Superannuation Act 1922‑1959 to benefits under that Act shall be read as including a reference to increases in pensions payable by virtue of section four of this Act and a reference to pensions payable by virtue of section five of this Act. (3) The reference in subsection (1) of section one hundred and forty‑five of the Superannuation Act 1922‑1959 to the amount paid by the Commonwealth to the Superannuation Fund under that Act in respect of a person shall be read as including a reference to an amount paid by the Commonwealth to the Superannuation Fund under the last preceding subsection in respect of that person. 7 Application (1) Increases in pensions payable by virtue of section four of this Act have effect from and including the first fortnightly payment of pensions made after the commencing date. (2) Pensions payable by virtue of section five of this Act are payable from and including the first fortnightly payment of pensions made after the commencing date. Notes to the Superannuation (Pension Increases) Act 1961 Note 1 The Superannuation (Pension Increases) Act 1961 as shown in this compilation comprises Act No. 86, 1961 amended as indicated in the Tables below. Table of Acts Act Number Date Date of commencement Application, saving or transitional provisions and year of Assent Superannuation (Pension Increases) Act 1961 86, 1961 27 Oct 1961 27 Oct 1961 Superannuation Act 1963 102, 1963 1 Nov 1963 1 Nov 1963 Ss. 26 and 27 Statute Stocktake (Appropriations) Act (No. 1) 2012 141, 2012 25 Sept 2012 Schedule 1 (item 133): Royal Assent — Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected S. 5.................... rep. No. 102, 1963 S. 6.................... am. No. 141, 2012 The Schedule............. rep. No. 102, 1963