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Police Pensions Ordinance 1958 (ACT)

Ordinance No. 19 of 1978 Ordinances/Australian Capital Territory as amended, taking into account amendments up to Ordinance No. 19 of 1978
Administered by: Infrastructure, Regional Development and Cities
Registered 09 Sep 2010
Start Date 20 Jul 1978

AUSTRALIAN CAPITAL TERRITORY

Police Pensions Ordinance 1958

Ordinance No. 1 of 1958 as amended

made under the

This compilation was prepared on 13 May 2002
taking into account amendments up to Ordinance No. 19 of 1978

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra


Contents

Page

                        1  Short title [see Note 1]                                                        3

                        2  Commencement                                                                 3

                        3  Repeal and saving                                                              3

                        4  Pensions payable to specified persons                                 3

                      4A  Pension increases for years 1974 and 1975                          4

                      4B  Pension increases on and after 1 July 1976                          6

                      4C  Additional increase in widow's pension on 1 July 1976           7

                        5  Payments                                                                          8

The Schedules                                                                                             9

First Schedule      Ordinances repealed                                                       9

Second Schedule                                                                                            10

Notes                                                                                                          11

 

 

 


  

  

An Ordinance relating to Pensions for Members of the Police Force of the Australian Capital Territory

1              Short title [see Note 1]

                This Ordinance may be cited as the Police Pensions Ordinance 1958.

2              Commencement

                This Ordinance shall come into operation on the thirtieth day of January, One thousand nine hundred and fifty-eight.

3              Repeal and saving

         (1)   The Ordinances specified in the First Schedule to this Ordinance are repealed.

         (2)   Notwithstanding the last preceding subsection, a person referred to in paragraph (b) of subsection (1) of section three of the Police Superannuation Ordinance 1928-1950 who is a member of the Police Force of the Australian Capital Territory at the commencement of this subsection has the rights and entitlement (otherwise than in respect of the time of his retirement) that he would have, and shall make to the Consolidated Revenue Fund the contributions that he would be required to make, under section three of that Ordinance if that section had not been repealed.

4              Pensions payable to specified persons

         (1)   A person whose name is specified in the Second Schedule shall be paid, in lieu of the pension payable to that person under the Police Superannuation Ordinance 1928-1950 a pension under this Ordinance.

         (2)   Where a male person whose name is specified in the first column of the Second Schedule to this Ordinance dies and is survived by a widow (being his wife at the date of his retirement from the Police Force of the Australian Capital Territory), the widow shall be paid a pension at a rate equal to 67 per cent of the rate of the pension that would have been payable to her husband if he had not died.

         (3)   The provisions of sections fourteen, fifteen and fifteen A of the Police Superannuation Ordinance 1928-1950, and the rules contained in paragraphs fourteen, sixteen, seventeen and eighteen of Part III of the Schedule to that Ordinance, apply to and in relation to a pension payable under this Ordinance:

                (a)    in the case of a pension payable to a male person — in the same manner as they apply to superannuation allowance payable under that first-mentioned Ordinance; and

               (b)    in the case of a pension payable to a female person — in the same manner as they apply to widow's allowance payable under that Ordinance.

         (4)   In the application of the provisions and rules referred to in the last preceding subsection to a pension payable under this Ordinance, a reference to ‘the Minister’ or to ‘the Police Superannuation Board’ shall be read as a reference to the Minister of State for the Capital Territory.

         (5)   Subject to this Ordinance, the pension payable to a person specified in the Second Schedule is at the rate specified in Column 2 of that Schedule opposite to the name of that person.

4A           Pension increases for years 1974 and 1975

         (1)   If:

                (a)    the all groups consumer price index number for the weighted average of the six State capital cities published by the Commonwealth Statistician in respect of the March quarter of the year immediately preceding a prescribed year exceeds the highest all groups consumer price index number for the weighted average of the six State capital cities published by the Commonwealth Statistician in respect of the March quarter of any earlier year not being a year that commenced earlier than 1 July 1972; and

               (b)    the estimate of the seasonally adjusted average weekly earnings per employed male unit throughout Australia published by the Commonwealth Statistician in respect of the March quarter of the year immediately preceding that prescribed year exceeds the highest estimate of the seasonally adjusted average weekly earnings per employed male unit throughout Australia published by the Commonwealth Statistician in respect of the March quarter of any earlier year not being a year earlier than the year that commenced on 1 July 1972;

                the rate at which a pension would, but for this section, be payable to a person specified in the Second Schedule is, by virtue of this section, increased.

         (2)   The increase provided for by subsection (1) in the rate at which a pension is payable under this Ordinance is the prescribed percentage of the non-contributory portion of the pension.

         (3)   For the purposes of this section, the prescribed percentage is:

                (a)    1.4 times the percentage ascertained in accordance with the formula  or

               (b)    the percentage ascertained in accordance with the formula

                whichever is the lower percentage, where:

A is the all groups consumer price index number for the weighted average of the six State capital cities published by the Commonwealth Statistician in respect of the March quarter of the year immediately preceding the prescribed year.

B is the highest all groups consumer price index number for the weighted average of the six State capital cities published by the Commonwealth Statistician in respect of the March quarter of any year earlier that the year immediately preceding the prescribed year not being a year earlier than the year that commenced on 1 July 1972.

C is the estimate of the seasonally adjusted average weekly earnings per employed male unit throughout Australia published by the Commonwealth Statistician in respect of the March quarter of the year immediately preceding the prescribed year; and

D is the highest estimate of the seasonally adjusted average weekly earnings per employed male unit throughout Australia published by the Commonwealth Statistician in respect of the March quarter of any year earlier than the year immediately preceding the prescribed year but not being earlier than the year that commenced on 1 July 1972.

         (4)   For the purposes of this section, the non-contributory portion of a pension payable to a person specified in the Second Schedule is the amount ascertained by deducting from the amount of the annual pension the amount specified in Column 3 of that Schedule opposite to the name of that person.

         (5)   An increase payable by virtue of this section in the amount of a pension payable to a person under this Ordinance on the thirtieth day of June in a year applies in relation to the instalment of pension falling due on the first pension pay-day occurring after that day and in relation to all subsequent instalments.

         (6)   In this section, prescribed year means the year commencing on 1 July 1974, and the year commencing on 1 July 1975.

4B           Pension increases on and after 1 July 1976

         (1)   If the all groups consumer price index number for the weighted average of the 6 State capital cities published by the Australian Statistician in respect of the March quarter of the year immediately preceding a prescribed year exceeds the highest all groups consumer price index number for the weighted average of the 6 State capital cities published by the Australian Statistician in respect of the March quarter of any earlier year, not being a year earlier than the year that commenced on 1 July 1974, the rate at which a pension was, immediately before the commencement of that prescribed year, payable to a person specified in the Second Schedule is, by virtue of this section, increased.

         (2)   The increase provided for by subsection (1) in the rate at which a pension was payable to a person specified in the Second Schedule immediately before the commencement of a prescribed year is the prescribed percentage of that rate.

         (3)   For the purposes of this section, the prescribed percentage is a percentage ascertained in accordance with the formula:

                where:

A is the all groups consumer price index number for the weighted average of the 6 State capital cities published by the Australian Statistician in respect of the March quarter of the year immediately preceding the prescribed year; and

B is the highest all groups consumer price index number for the weighted average of the 6 State capital cities published by the Australian Statistician in respect of the March quarter of any year earlier than the year immediately preceding the prescribed year not being a year earlier than the year that commenced on 1 July 1974.

         (4)   An increase payable by virtue of this section in the rate at which a pension was payable to a person under this Ordinance on 30 June in a year applies in relation to the instalment of pension falling due on the first pension pay-day occurring after that day and in relation to all subsequent instalments.

         (5)   In this section, prescribed year means the year commencing on 1 July 1976, and each subsequent year.

4C           Additional increase in widow's pension on 1 July 1976

         (1)   A female person whose name is specified in the Second Schedule is entitled to an increase in the amount of the annual pension payable to her immediately before 1 July 1976 of an amount ascertained in accordance with the formula:

                where:

A is the amount of the annual pension payable to the person immediately before 1 July 1976; and

B is the increase in the amount of the annual pension to which the person is entitled under section 4B on 1 July 1976.

         (2)   An increase payable by virtue of subsection (1) in the amount of the annual pension that was payable to a person referred to in that subsection immediately before 1 July 1976 applies in relation to the instalment of pension that fell due on 8 July 1976 and in relation to all subsequent instalments.

5              Payments

                Payments of pension under this Ordinance shall be made out of moneys appropriated by the Parliament for the purpose.


The Schedules    

First Schedule   Ordinances repealed

(section 3)

  

Police Superannuation Ordinance 1928

Police Superannuation Ordinance 1934

Police Superannuation Ordinance (No. 2) 1934

Police Superannuation Ordinance 1938

Police Superannuation Ordinance (No. 2) 1938

Police Superannuation Ordinance 1940

Police Superannuation Ordinance (No. 2) 1940

Police Superannuation Ordinance 1941

Police Superannuation Ordinance 1944

Police Superannuation Ordinance 1945

Police Superannuation Ordinance 1946

Police Superannuation Ordinance 1950


Second Schedule     

(section 4)

  

 

First Column


Name of Person

Second Column


Rate of Pension per Annum

Third Column

Deduction for purpose of subsection 4A (4)

 

$

$

Sylvia Brodribb.................

1,667

69

Mary Josephine Hilton.......

1,960

111

Sydney Edgar Hush...........

1,719

70

Ivan Charles Perriman.......

2,496

104

 


Notes to the Police Pensions Ordinance 1958

Note 1

The Police Pensions Ordinance 1958 (in force under the Seat of Government (Administration) Act 1910) as shown in this compilation comprise Ordinance No. 1, 1958 amended as indicated in the Tables below.

Table of Ordinances

Ordinance

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

Police Pensions Ordinance 1958

1, 1958

30 Jan 1958

30 Jan 1958

 

Police Pensions Ordinance 1960

9, 1960

3 Nov 1960

3 Nov 1960

Police Pensions Ordinance 1965

19, 1965

2 Dec 1965

23 Dec 1965 (see Gazette 1965, p. 5529)

Police Pensions Ordinance 1966

1, 1966

17 Jan 1966

17 Jan 1966

Police Pensions Ordinance (No. 2) 1966

4, 1966

10 Feb 1966

10 Feb 1966

Police Pensions Ordinance 1968

7, 1968

5 Apr 1968

5 Apr 1968

S. 4

Police Pensions Ordinance 1972

8, 1972

9 Mar 1972

9 Mar 1972

S. 3

Police Pensions Ordinance 1974

1, 1974

12 Feb 1974

12 Feb 1974

S. 2 (2)

Police (Administration) Ordinance 1975

6, 1975

27 Mar 1975

27 Mar 1975

Police (Administration) Ordinance (No. 2) 1975

46, 1975

23 Dec 1975

23 Dec 1975

Police Pensions (Amendment) Ordinance 1978

19, 1978

20 July 1978

20 July 1978

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 1..........................................

am. No. 4, 1966

S. 3..........................................

am. No. 19, 1965; No. 1, 1966

S. 3A........................................

ad. No. 6, 1975

 

rep. No. 46, 1975

S. 4..........................................

am. No. 7, 1968; No. 1, 1974; Nos. 6 and 46, 1975; No. 19, 1978

S. 4A........................................

ad. No. 1, 1974

 

am. No. 19, 1978

Ss. 4B, 4C..............................

ad. No. 19, 1978

Second Schedule.................

rs. No. 9, 1960; No. 4, 1966; No. 7, 1968; No. 8, 1972; No. 1, 1974