Statutory Rules 1981 No. 3871
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Papua New Guinea (Staffing Assistance) (Superannuation) Regulations (Amendment) 2
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Papua New Guinea (Staffing Assistance) Act 1973.
Dated 21 December 1981.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
MARGARET GUILFOYLE
Minister of State for Finance
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Commencement
1. (1) Regulation 2 shall be deemed to have come into operation on 9 June 1976.
(2) Regulations 3 to 10 (inclusive) shall be deemed to have come into operation on 1 July 1979.
(3) Sub-regulation 11 (1) shall be deemed to have come into operation on 1 July 1976.
(4) Sub-regulation 11 (2) shall be deemed to have come into operation on 1 December 1973.
Interpretation
2. Regulation 4 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations is amended by inserting after the definition of “student child” in sub-regulation (1) the following definition:
“ ‘Superannuation Ordinance’ means the Superannuation (Papua New Guinea) Ordinance 1951-1973;”.
Pensions to widows and children in certain cases
3. Regulation 35 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations is amended—
(a) by omitting paragraphs (b) and (c) of sub-regulation (1) and substituting the following word and paragraph:
“and
(b) in respect of each of her or of that person’s children who is under the age of 16 years or is a student child (other than a child or student child of her re-marriage)—
(i) where there are less than 3 such children or student children—a pension at the rate per annum equal to 11/67 of the annual rate of pension to which the widow is entitled under this regulation; and
(ii) in any other case—a pension at the rate per annum equal to the amount ascertained by dividing 33/67 of the annual rate of pension to which the widow is entitled under this regulation by the total number of children and student children.”; and
(b) by omitting sub-regulations (2) and (3) and substituting the following sub‑regulations:
“(2) Notwithstanding the provisions of paragraph (1) (b), where the annual rate of pension payable on a day under that paragraph in respect of a child or student child is less than $208, the annual rate of pension so payable on that day in respect of that child or student child is increased by an amount equal to the difference between the first-mentioned rate and the rate of $208 per annum.
“(3) Where, on 1 July 1979, a widow was entitled to a pension under paragraph (1) (a), the annual rate of that pension shall, on and after 12 July 1979, be increased by an amount ascertained by multiplying the annual rate of pension to which the widow would, but for this sub-regulation, be entitled on 12 July 1979 by 0.072.
“(4) On the death of a widow who was in receipt of a pension under this regulation, pension is payable in respect of each child or student child referred to in paragraph (1) (b) as follows—
(a) where there is 1 such child or student child—at an annual rate equal to 45/67 of the prescribed pension;
(b) where there are 2 such children or student children—at an annual rate equal to 40/67 of the prescribed pension;
(c) where there are 3 such children or student children—at an annual rate equal to 30/67 of the prescribed pension; and
(d) where there are 4 or more such children or student children—at an annual rate ascertained by dividing 100/67 of the prescribed pension by the number of children and student children.
“(5) Notwithstanding the provisions of sub-regulation (4), the annual rate of pension payable under a paragraph of that sub-regulation shall not in any case be less than whichever is the greater of—
(a) $520; or
(b) the sum of $208 and 1/4 of the prescribed pension.
“(6) In sub-regulations (4) and (5), ‘prescribed pension’, in relation to a rate of pension payable on a day in respect of a child or student child, means the annual rate of pension to which the widow would, but for her death, have been entitled on that day.
“(7) In paragraph (1) (b) and sub-regulations (3) and (6), the reference to pension to which the widow is entitled under this regulation does not include a reference to pension payable to the widow in respect of a child or student child.”.
Death of married contributor
4. Regulation 41 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (1) “five-eighths” and substituting “67 per cent”;
(b) by omitting paragraphs (b) and (c) of sub-regulation (1) and substituting the following word and paragraph:
“and
(b) in respect of each of her or the contributor’s children who is under the age of 16 years or is a student child (other than a child or student child of her re‑marriage)—
(i) where there are less than 3 such children or student children—a pension at the rate per annum equal to 11 per cent of the prescribed pension; and
(ii) in any other case—a pension at a rate per annum equal to the amount ascertained by dividing 33 per cent of the prescribed pension by the number of children and student children.”;
(c) by omitting sub-regulation (2) and substituting the following sub-regulations:
“(1A) Notwithstanding the provisions of paragraph (1) (b), where the annual rate of pension payable on a day under that paragraph in respect of a child or student child is less than $208, the annual rate of pension so payable on that day in respect of that child or student child is increased by an amount equal to the difference between the first-mentioned rate and the rate of $208 per annum.
“(2) On the death of a widow who was in receipt of a pension under this regulation, pension is payable in respect of each child or student child referred to in paragraph (1) (b) as follows—
(a) where there is 1 such child or student child—at an annual rate equal to 45 per cent of the prescribed pension;
(b) where there are 2 such children or student children—at an annual rate equal to 40 per cent of the prescribed pension;
(c) where there are 3 such children or student children—at an annual rate equal to 30 per cent of the prescribed pension; and
(d) where there are 4 or more such children or student children—at an annual rate ascertained by dividing the prescribed pension by the number of children and student children.
“(2A) Notwithstanding the provisions of sub-regulation (2), the annual rate of pension payable under a paragraph of that sub-regulation shall not in any case be less than whichever is the greater of—
(a) $520; or
(b) the sum of $208 and—
(i) where there are not more than 4 children or student children—1/4 of the relevant pension; and
(ii) in any other case—the amount of the relevant pension divided by the number of children and student children.
“(2B) In sub-regulation (2A), ‘relevant pension’, in relation to a rate of pension payable on a day in respect of a child or student child, means the annual rate of pension (including any amount payable in respect of non-contributory units) to which the widow would, but for her death, have been entitled on that day, other than pension payable to her in respect of a child or student child.”;
(d) by omitting from sub-regulations (3), (4) and (5) “five-eighths” (wherever occurring), and substituting “67 per cent”;
(e) by omitting from sub-regulation (5) “one-half” (wherever occurring) and substituting “54 per cent”;
(f) by omitting from sub-regulation (6) “or (c)”; and
(g) by adding at the end thereof the following sub-regulation:
“(8) In sub-regulations (1) and (2), ‘prescribed pension’, in relation to a rate of pension payable on a day in respect of a child or student child, means the annual rate of pension (including any amount payable in respect of non‑contributory units) that would have been payable to the contributor on that day if he had not died but had been in receipt of a pension payable under regulation 34.”.
Death of married pensioner
5. Regulation 42 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (1) “five-eighths” and substituting “67 per cent”;
(b) by omitting paragraphs (b) and (c) of sub-regulation (1) and substituting the following word and paragraph:
“and
(b) in respect of each of her or the pensioner’s children who is under the age of 16 years or is a student child (other than a child or student child of her re‑marriage)—
(i) where there are less than 3 such children or student children—a pension at the rate per annum equal to 11 per cent of the prescribed pension; and
(ii) in any other case—a pension at a rate per annum equal to the amount ascertained by dividing 33 per cent of the prescribed pension by the number of children and student children.”;
(c) by inserting after sub-regulation (1) the following sub-regulation:
“(1A) Notwithstanding the provisions of paragraph (1) (b), where the annual rate of pension payable on a day under that paragraph in respect of a child or student child is less than $208, the annual rate of pension so payable on that day in respect of that child or student child shall be increased by an amount equal to the difference between the first-mentioned rate and the rate of $208 per annum.”;
(d) by omitting from sub-regulations (2) and (3) “five-eighths” (wherever occurring) and substituting “67 per cent”;
(e) by omitting from sub-regulation (3) “one-half” and substituting “54 per cent”;
(f) by omitting from sub-regulation (5) “or (c)”;
(g) by omitting sub-regulation (6) and substituting the following sub-regulations:
“(6) On the death of a widow who was in receipt of a pension under sub‑regulation (1), pension is payable in respect of each child or student child referred to in paragraph (1) (b) as follows—
(a) where there is 1 such child or student child—at an annual rate equal to 45 per cent of the prescribed pension;
(b) where there are 2 such children or student children—at an annual rate equal to 40 per cent of the prescribed pension;
(c) where there are 3 such children or student children—at an annual rate equal to 30 per cent of the prescribed pension; and
(d) where there are 4 or more such children or student children—at an annual rate ascertained by dividing the prescribed pension by the number of children and student children.
“(6A) Notwithstanding the provisions of sub-regulation (6), the annual rate of pension payable under a paragraph of that sub-regulation shall not in any case be less than whichever is the greater of—
(a) $520; or
(b) the sum of $208 and—
(i) where there are not more than 4 children or student children—1/4 of the relevant pension; and
(ii) in any other case—the amount of the relevant pension divided by the number of children and student children.
“(6B) In sub-regulation (6A), ‘relevant pension’, in relation to a rate of pension payable on a day in respect of a child or student child, means the annual rate of pension (including any amount payable in respect of non-contributory units) that would have been payable to the widow on that day if she had not died but had been in receipt of pension, other than pension payable to her in respect of a child or student child.”; and
(h) by adding at the end thereof the following sub-regulation:
“(8) In sub-regulations (1) and (6), ‘prescribed pension’, in relation to a rate of pension payable on a day in respect of a child or student child, means the annual rate of pension (including any amount payable in respect of non‑contributory units) that would have been payable to the pensioner on that day if he had not died.”.
Pension payable in respect of orphans
6. Regulation 43 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations is amended—
(a) by omitting sub-regulation (1) and substituting the following sub-regulations:
“(1) On the death of a contributor or a pensioner whose wife is dead or divorced, a pension is payable under these Regulations in respect of each child under the age of 16 years or student child of the contributor or pensioner or of his wife (except a child or student child of her re-marriage), being a child or student child who was dependent on him at the time of his death, as follows:
(a) where there is 1 such child or student child—at an annual rate equal to 45 per cent of the prescribed pension;
(b) where there are 2 such children or student children—at an annual rate equal to 40 per cent of the prescribed pension;
(c) where there are 3 such children on student children—at an annual rate equal to 30 per cent of the prescribed pension; and
(d) where there are 4 or more such children or student children—at an annual rate ascertained by dividing the prescribed pension by the number of children and student children.
“(1A) In sub-regulation (1), ‘prescribed pension’ means—
(a) in relation to a rate of pension payable on a day in respect of a child or student child of a deceased contributor or of his wife—the annual rate of pension (including any amount payable in respect of non-contributory units) that would have been payable to the contributor on that day if he had not died but had been in receipt of a pension payable under regulation 34; and
(b) in relation to a rate of pension payable on a day in respect of a child or student child of a deceased pensioner or of his wife—the annual rate of pension (including any amount payable in respect of non-contributory units) that would have been payable to the pensioner on that day if he had not died.
“(1B) Notwithstanding the provisions of sub-regulation (1), the annual rate of pension payable under a paragraph of that sub-regulation shall not in any case be less than whichever is the greater of—
(a) $520; or
(b) the sum of $208 and—
(i) where there are not more than 4 children or student children—¼ of the relevant pension; and
(ii) in any other case—the amount of the relevant pension divided by the number of children and student children.
“(1C) In sub-regulation (1B), ‘relevant pension’, in relation to a rate of pension payable on a day in respect of a child or student child, means the annual rate of pension (including any amount payable in respect of non-contributory units) that, but for the death or divorce of the wife referred to in sub-regulation (1), would have been payable to her on that day, other than pension payable to her in respect of a child or student child.”; and
(b) by omitting from sub-regulation (2) “payable under paragraph (1) (a)” and substituting “payable under sub-regulation (1)”.
Value of non-contributory units
7. Regulation 45 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations is amended by omitting paragraph (g) of sub-regulation (1) an substituting the following paragraph:
“(g) in the case of a widow who was entitled to a pension under regulation 41 on 1 July 1979—$46.45; and”.
General provisions as to pensions
8. Regulation 65 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations is amended—
(a) by inserting after sub-regulation (3) the following sub-regulation:
“(3A) Nothing in sub-regulation (3) applies to or in relation to a person whose re-marriage took or takes place on or after 1 July 1979.”; and
(b) by omitting from sub-regulation (4) “Where” and substituting “Subject to part XB, where”.
9. After regulation 65 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations the following regulation is inserted:
Restoration of widow’s pension previously cancelled on re-marriage
“65A. (1) Where—
(a) a widow’s entitlement to pension ceased before 1 July 1979 upon her re-marriage;
(b) the widow applies to the Commissioner for restoration of the pension; and
(c) the widow is in necessitous circumstances or, having regard to the widow’s general financial circumstances, the restoration of her pension is otherwise warranted,
the Commissioner may, by instrument in writing, direct that the widow’s entitlement to pension be restored, with effect from such date, and at such rate, as the Commissioner determines.
“(2) The date determined by the Commissioner—
(a) shall not, unless special circumstances exist that justify an earlier date, be a date earlier than the date of the direction; and
(b) shall not in any case be a date earlier than 1 July 1979.
“(3) The rate determined by the Commissioner shall not exceed the rate at which pension would have been payable to the widow if the entitlement had not ceased.”.
10. After Part XA of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations the following Parts are inserted:
“PART XB—ELIGIBILITY FOR CERTAIN PENSIONS ON AND AFTER 1 JULY 1979
Interpretation
“111F. (1) In this Part, unless the contrary intention appears—
‘child’, in relation to a male person who has died and—
(a) was a person referred to in the first column of Schedule 5; or
(b) was, at the date of his death, a contributor or pensioner,
means a person who—
(c) is a child of the deceased person;
(d) has not attained the age of 16 years, or—
(i) has attained the age of 16 years but has not attained the age of 25 years;
(ii) is receiving full-time education at a school, college or university; and
(iii) is not ordinarily in employment or engaged in work on his own account; and
(e) immediately before the deceased person’s death—
(i) was (except where the person is a child of the widow of the deceased person but not of the deceased person) living with the deceased person;
(ii) was wholly or substantially dependent upon the deceased person; or
(iii) where the person was born after the deceased person’s death—would have been, in the opinion of the Commissioner, living with the deceased person or so dependent if the person had been born before the death of the deceased person,
not being a child or student child who is entitled to pension in relation to that deceased person otherwise than under this Part;
‘widow’, in relation to a person who has died and was, at the time of his death, a pensioner, means—
(a) a woman who was legally married to the deceased at the time of his death and who was, at that time, living with him on a permanent and bona fide domestic basis;
(b) a woman who was legally married to the deceased at the time of his death but who was not living with him on a permanent and bona fide domestic basis at that time, and who was wholly or substantially dependent upon him at that time;
(c) a woman who was not legally married to the deceased at the time of his death but who, for a continuous period of not less than 3 years immediately preceding his death, had ordinarily lived with him as his wife on a permanent and bona fide domestic basis; and
(d) a woman who was not legally married to the deceased at the time of his death but who, for a continuous period of less than 3 years immediately preceding his death, had ordinarily lived with him as his wife on a permanent and bona fide domestic basis, and who was wholly or substantially dependent upon him at the time of his death,
but does not include—
(e) a woman who was legally married to the deceased at the time of his death if the marriage took place after he had become a pensioner and after he had attained the age of 60 years unless—
(i) the marriage took place not less than 5 years before his death; or
(ii) the marriage took place less than 5 years before his death but—
(A) the woman had, immediately preceding the marriage, for a continuous period that commenced while the deceased person was a pensioner and not later than 5 years before his death, lived with him as his wife on a permanent and bona fide domestic basis;
(B) the woman had, immediately preceding the marriage, for a continuous period that commenced not later than 3 years before his death and either before he became a pensioner or before he had attained the age of 60 years, lived with him as his wife on a permanent and bona fide domestic basis; or
(C) the woman had, immediately preceding the marriage, for a continuous period that commenced later than 3 years before his death but either before he became a pensioner or before he had attained the age of 60 years, lived with him as his wife on a permanent and bona fide domestic basis and was wholly or substantially dependent upon him at the time of his death;
(f) a woman who was not legally married to the deceased person at the time of his death if she commenced living with him as his wife on a permanent and bona fide domestic basis after he had become a pensioner and after he had attained the age of 60 years unless she had so lived with him for a continuous period of not less than 5 years immediately preceding his death;
(g) a person who is entitled to pension in relation to that pensioner otherwise than under this Part; or
(h) a person whose application in relation to that pensioner under regulation 65A has been refused.
“(2) Notwithstanding any other provision of this Part, pension is not payable in respect of—
(a) a child of a marriage of a deceased pensioner that took place after the pensioner became a pensioner and after he attained the age of 60 years (including a person who became a step child of a pensioner by reason of such a marriage) unless—
(i) the marriage took place not less than 5 years before the pensioner’s death; or
(ii) the marriage took place less than 5 years before the pensioner’s death but the other party to the marriage had lived with the pensioner immediately before the marriage on a permanent and bona fide domestic basis for a continuous period—
(A) that commenced while the deceased person was a pensioner and no later than 5 years before his death;
(B) that commenced while the deceased person was a contributor and no later than 3 years before his death; or
(C) that commenced while the deceased person was a contributor but later than 3 years before his death and the other party was wholly or substantially dependent upon the deceased person at the time of his death;
(b) an ex-nuptial child of a deceased pensioner where the child was born after the deceased pensioner had retired and had attained the age of 60 years unless the child’s mother had lived with the deceased pensioner immediately before his death on a permanent and bona fide domestic basis for a continuous period of not less than—
(i) except in a case where sub-paragraph (ii) or (iii) applies—3 years;
(ii) except in a case where sub-paragraph (iii) applies—where she was wholly or substantially dependent upon the deceased at the time of his death—any continuous period immediately preceding the deceased person’s death; or
(iii) where the child’s mother had commenced so living with the deceased person after he had become a pensioner and had attained the age of 60 years—5 years;
(c) a child who became the adopted child, foster child, or ward of a deceased pensioner after the deceased had become a pensioner and had attained the age of 60 years unless the child had become such a child not less than 5 years before the pensioner’s death;
(d) a child who is a child of a deceased pensioner by reason only of being a child of the widow of the pensioner unless the child’s mother had lived with the deceased, immediately before his death, on a permanent and bona fide domestic basis for a continuous period of not less than—
(i) except in a case where sub-paragraph (ii) or (iii) applies—3 years;
(ii) except in a case where sub-paragraph (iii) applies—where she was wholly or substantially dependent upon the deceased at the time of his death—any continuous period immediately preceding the deceased person’s death; or
(iii) where the child’s mother had commenced so living with the deceased person after he had become a pensioner and had attained the age of 60 years—5 years; or
(e) a child who is the child of a deceased pensioner by reason only of being a child of the wife of the pensioner (other than a wife who survives him) unless the child’s mother had lived with the pensioner, immediately before her death, on a permanent and bona fide domestic basis for a continuous period of not less than—
(i) except in a case where sub-paragraph (ii) or (iii) applies—3 years;
(ii) except in a case where sub-paragraph (iii) applies—where she was wholly or substantially dependent upon the deceased at the time of her death—any continuous period immediately preceding her death; or
(iii) where the child’s mother had commenced so living with the deceased person after he had become a pensioner and had attained the age of 60 years—5 years.
“(3) In this Part, a reference to a person being the child of another person includes a reference to the person being an adopted child, and ex-nuptial child, a foster child, a step child or a ward of the other person or of a spouse of the other person.
“(4) Where a person would, but for a temporary absence or an absence resulting from illness or infirmity, have been living with another person at any time on a permanent and bona fide domestic basis, the first-mentioned person shall, for the purposes of this regulation, be deemed to have been living with the other person on a permanent and bona fide domestic basis at that time.
“(5) In the application of this Part to and in relation to the eligibility of a child or orphan for pension—
(a) the reference, in the definition of ‘widow’ in sub-regulation (1), to a person who was, at the time of his death, a pensioner shall be read as including a reference to a person referred to in the first column of Schedule 5 and to a person who was, at the time of his death, a contributor; and
(b) the definition of ‘widow’ in sub-regulation (1) shall be read as if paragraphs (g) and (h) of that definition were omitted.
“(6) In paragraph (2) (e), the reference to a wife of a pensioner shall be read as if ‘wife’ had a corresponding meaning to ‘widow’.
“(7) In sub-regulation (3), the reference to a spouse of another person shall be read as if ‘spouse’ had a corresponding meaning to ‘widow’.
Payment of pension to widow of pensioner who died before 1 July 1979
“111G. (1) Where—
(a) a pensioner died before 1 July 1979;
(b) the widow of the pensioner applies to the Commissioner for the payment of a pension; and
(c) the widow is in necessitous circumstances or, having regard to the widow’s general financial circumstances, the payment of a pension is otherwise warranted,
the Commissioner may, by instrument in writing, direct that a pension be paid to the widow, with effect from such date, at such rate, and subject to such conditions, as the Commissioner determines.
“(2) The date determined by the Commissioner—
(a) shall not, unless special circumstances exist that justify an earlier date, be a date earlier than the date of the direction; and
(b) shall not in any case be a date earlier than 1 July 1979.
Pension not payable in respect of more than one widow
“111H. Notwithstanding the provisions of regulation 111G, where, at any time before 1 July 1979, pension was paid to or in respect of the widow of a pensioner under paragraph 42 (1) (a), pension is not payable to or in respect of any other widow of that pensioner.
Payment of pension to widow of pensioner who died or dies on or after 1 July 1979
“111J. (1) Where a pensioner died or dies on or after 1 July 1979, pension is payable to his widow with effect from such date, at such rate, and subject to such conditions, as the Commissioner, by instrument in writing, determines.
“(2) The date determined by the Commissioner shall not, unless special circumstances exist that justify an earlier date, be a date earlier than the date of the direction.
Payment of child’s or orphan’s pension
“111K. (1) Where a contributor, a pensioner or a person referred to in Schedule 5 died or dies, pension is payable in respect of a child of the deceased contributor, pensioner or person with effect from such date, at such rate, and subject to such conditions, as the Commissioner, by instrument in writing, determines.
“(2) The date determined by the Commissioner—
(a) shall not, unless special circumstances exist that justify an earlier date, be a date earlier than the date of the determination; and
(b) shall not in any case be a date earlier than 1 July 1979.
Existing pensions not to be affected
“111L. The payment of a pension to which a person becomes entitled by virtue of regulation 111G, 111J or 111K does not affect the entitlement of any other person to a pension under these Regulations, being a pension that is payable otherwise than by virtue of regulation 111G, 111J or 111K, or the rate of such a pension.
Total pensions not to exceed certain rate
“111M. (1) The Commissioner shall not determine a rate of pension in relation to a deceased pensioner under regulation 111G, 111J or 111K if the payment of the pension, or the payment of the pension at the rate that the Commissioner proposes to determine, would result in the aggregate of the rates of pension payable under these Regulations in relation to the deceased pensioner at the date of the determination exceeding the rate of pension to which the deceased pensioner would have been entitled at that date under these Regulations if he had not died.
“(2) The Commissioner shall not determine a rate of pension in relation to a deceased contributor under regulation 111K if the payment of the pension, or the payment of the pension at the rate that the Commissioner proposes to determine, would result in the aggregate of the rates of pension payable under these Regulations in relation to the deceased contributor at the date of the determination exceeding the rate of pension to which the deceased contributor would have been entitled at that date under these Regulations if he had not died but had been entitled at that date to pension under regulation 34.
“PART XC—ENTITLEMENTS UNDER THE SUPERANNUATION
ORDINANCE 1928-1955 OF THE TERRITORY OF NEW GUINEA
Interpretation
“111N. In this Part, unless the contrary intention appears—
‘officer’ has the same meaning as in the Ordinance;
‘Ordinance’ means the Superannuation Ordinance 1928-1955 of the Territory of New Guinea;
‘pensioner’ has the same meaning as in the Ordinance;
‘superannuation allowance’ means superannuation allowance granted under the Ordinance;
‘the age for retirement’ has the same meaning as in the Ordinance;
‘the Service’ has the same meaning as in the Ordinance.
Increase in current superannuation allowance payable in respect of widows
“111O. (1) Where, on 1 July 1979, a widow was entitled to superannuation allowance by virtue of paragraph 18 (a) or 19 (a), or section 19A, of the Ordinance, the annual rate of that allowance shall, on and after 31 July 1979, be increased by an amount ascertained by multiplying the annual rate of superannuation allowance to which the widow would, but for this sub-regulation, be entitled on 31 July 1979, other than superannuation allowance payable to her in respect of a child, by 0.072.
“(2) On and after 1 July 1979, sections 19 and 19A of the Ordinance apply to and in relation to the payment of superannuation allowance to a widow as if the references in paragraph 19 (a) and sub-section 19A (1) of the Ordinance to one-half were references to 67 per cent.
Payment of superannuation allowance after remarriage
“111P. (1) Sections 18 and 19 of the Ordinance apply to and in relation to the payment of superannuation allowance to a widow who remarries on or after 1 July 1979 as if the words ‘Provided that if she remarries her allowance shall thereupon cease and determine’ were omitted.
“(2) Where—
(a) a widow’s entitlement to superannuation allowance by virtue of section 18 or 19 of the Ordinance ceased before 1 July 1979 upon her remarriage;
(b) the widow applies to the Commissioner for restoration of the superannuation allowance; and
(c) the widow is in necessitous circumstances or, having regard to the widow’s general financial circumstances, the restoration of her superannuation allowance is otherwise warranted,
the Commissioner may, by instrument in writing, direct that the widow’s entitlement to superannuation allowance be restored, with effect from such date, and at such rate, as the Commissioner determines.
“(3) The date determined by the Commissioner—
(a) shall not, unless special circumstances exist that justify an earlier date, be a date earlier than the date of the direction; and
(b) shall not in any case be a date earlier than 1 July 1979.
“(4) The rate determined by the Commissioner shall not exceed the rate at which superannuation allowance would have been payable to the widow if the entitlement had not ceased.
Increases in payment of child’s pension
“111Q. (1) From and including 1 July 1979, paragraph 41 (1) (b) applies to and in relation to a child referred to in paragraph 18 (b) of the Ordinance, and paragraph 42 (1) (b) applies to and in relation to a child referred to in paragraph 19 (b) of the Ordinance, as if—
(a) the reference in paragraph 41 (1) (b) to the contributor were a reference to the officer; and
(b) the references in paragraphs 41 (1) (b) and 42 (1) (b) to the prescribed pension were references to—
(i) in the case of a rate of pension payable on a day in respect of a child of a deceased officer—the annual rate of superannuation allowance to which the officer would have been entitled on that day if he had retired immediately prior to his death or if he had not died but had continued in the Service without further increase of salary until he reached the age for retirement, whichever is the higher rate; and
(ii) in the case of a rate of pension payable on a day in respect of a child of a deceased pensioner—the annual rate of superannuation allowance that would have been payable to the pensioner on that day if he had not died.
“(2) From and including 1 July 1979, sub-regulations 41 (2), 42 (6) and 43 (1) apply to and in relation to a child referred to in section 20 of the Ordinance as if—
(a) the reference in sub-regulation 43 (1) to a contributor were a reference to an officer; and
(b) the references in sub-regulations 41 (2), 42 (6) and 43 (1) to the prescribed pension were references to—
(i) in the case of a rate of pension payable on a day in respect of a child of a deceased officer—the annual rate to which the officer would have been entitled on that day if he had retired immediately prior to his death or if he had not died but had continued in the Service without further increase of salary until he reached the age for retirement, whichever is the higher rate; or
(ii) in the case of a rate of pension payable on a day in respect of a child of a deceased pensioner—the annual rate of superannuation allowance that would have been payable to the pensioner on that day if he had not died.
“(3) Notwithstanding the provisions of sub-regulation (1), where the annual rate of pension payable on a day by virtue of that sub-regulation in respect of a child is less than $104, the annual rate of pension so payable on that day in respect of that child is increased by an amount equal to the difference between the first-mentioned rate and the rate of $104 per annum.
“(4) Notwithstanding the provisions of sub-regulation (2), where the annual rate of pension payable on a day by virtue of that sub-regulation in respect of a child is less than $156, the annual rate of pension so payable on that day in respect of that child is increased by an amount equal to the difference between the first-mentioned rate and the rate of $156 per annum.
Widening of eligibility under the Superannuation Ordinance 1928
“111R. (1) From and including 1 July 1979, superannuation allowance or pension is, subject to the provisions of Part XB as applied by regulation 111S, payable under the Ordinance as if—
(a) ‘widow’, in sections 19 and 19A of the Ordinance, in relation to a deceased pensioner within the meaning of the Ordinance, had the same meaning as ‘widow’ in Part XB, in relation to a deceased pensioner within the meaning of these Regulations;
(b) ‘children’, in sections 18, 19 and 20 of the Ordinance, in relation to a deceased officer or pensioner within the meaning of the Ordinance, had a corresponding meaning to ‘child’ in Part XB in relation to a deceased contributor or pensioner within the meaning of these Regulations;
(c) the references to pension in the definition of ‘child’, and in paragraph (g) of the definition of ‘widow’, in regulation 111F were references to superannuation allowance or pension payable under the Ordinance, other than superannuation allowance or pension that is payable by virtue of this regulation;
(d) the reference in paragraph (h) of the definition of ‘widow’ in sub-regulation 111F (1) to regulation 65A were a reference to regulation 111P; and
(e) the second proviso to section 19 of the Ordinance were omitted.
“(2) Nothing in sub-regulation (1) shall be taken to affect the entitlement to superannuation allowance or pension of a person who—
(a) was entitled to superannuation allowance or pension immediately before 1 July 1979; or
(b) but for sub-regulation (1), would have become, or would become, entitled to superannuation allowance or pension on or after that date.
Application of Part XB in relation to widened eligibility
“111S. (1) Part XB applies to and in relation to the payment of superannuation allowance to a widow, and to the payment of pension to a child, being superannuation allowance or pension that is payable by virtue of regulation 111R.
“(2) In the application of Part XB by virtue of sub-regulation (1)—
(a) the reference in regulation 111H to pension payable under paragraph 42 (1) (a) shall be read as a reference to superannuation allowance payable under paragraph 19 (a) of the Ordinance; and
(b) the reference in regulation 111L to the entitlement of a person to a pension under these Regulations shall be read as a reference to the entitlement of a person to superannuation allowance or pension under the Ordinance, other than superannuation allowance or pension to which a person is entitled by virtue of regulation 111R.
Total superannuation allowance or pension not to exceed certain rate
“111T. The Commissioner shall not determine a rate of superannuation allowance or pension in relation to a deceased officer or pensioner by virtue of regulation 111R and the application of Part XB if the payment of the allowance or pension, or the payment of the allowance or pension at the rate that the Commissioner proposes to determine, would result in the aggregate of the rates of allowance and pension payable under the Ordinance and these Regulations in relation to the deceased officer or pensioner at the date of the determination exceeding the rate of allowance to which—
(a) The deceased officer would have been entitled on that date under the Ordinance if he had retired immediately prior to his death or if he had not died but had continued in the Service without further increase of salary until he reached the age for retirement, whichever is the higher rate; or
(b) the deceased pensioner would have been entitled on that date under the Ordinance if he had not died.
“PART XD—ENTITLEMENTS UNDER THE SUPERANNUATION
ORDINANCE
Interpretation
“111U. In this Part, unless the contrary intention appears—
‘contributor’ means an employee within the meaning of the Superannuation Ordinance who contributed under the Ordinance to the Papua New Guinea Superannuation Fund established by that Ordinance;
‘pensioner’ has the same meaning as in the Ordinance.
Increase in current pension payable in respect of widows
“111V. (1) Where, on 1 July 1979, a widow, not being a widow of the kind referred to in sub-regulation (2), was entitled to pension by virtue of paragraph 46 (1) (a) or 47 (1) (a) of the Superannuation Ordinance, the annual rate of that pension shall, on and after 12 July 1979, be increased by an amount ascertained by multiplying the annual rate of pension to which the widow would, but for this sub-regulation, be entitled on 12 July 1979, other than pension payable to her in respect of a child or student child, by 0.072.
“(2) Where, on 1 July 1979, a widow being a widow of a contributor who had made an election under sub-section 29C (2) of the Superannuation Ordinance, was entitled to pension by virtue of paragraph 46 (1) (a) or 47 (1) (a) of that Ordinance, the annual rate of that pension shall, on and after 12 July 1979, be increased by an amount ascertained by multiplying the annual rate of pension to which the widow would, but for this sub-regulation, be entitled on 12 July 1979, other than pension payable to her in respect of a child or student child, by 0.08.
“(3) On and after 1 July 1979, section 47 of the Superannuation Ordinance applies to and in relation to the payment of pension to a widow as if—
(a) the references in sub-sections 47 (1), (2) and (3) of that Ordinance to five-eighths were references to 67 per cent; and
(b) the reference in sub-section 47 (3) of that Ordinance to one-half were a reference to 54 per cent.
Payment of pension after remarriage
“111W. (1) The provisions of the Superannuation Ordinance relating to the payment of pension to a widow apply to a widow who remarries on or after 1 July 1979 as if sub-section 57 (3) of that Ordinance were omitted.
“(2) Where—
(a) a widow’s entitlement to pension by virtue of paragraph 46 (1) (a) or 47 (1) (a) of the Superannuation Ordinance ceased before 1 July 1979 upon her remarriage;
(b) the widow applies to the Commissioner for restoration of the pension; and (c) the widow is in necessitous circumstances or, having regard to the widow’s general financial circumstances, the restoration of her pension is otherwise warranted,
the Commissioner may, by instrument in writing, direct that the widow’s entitlement to pension be restored, with effect from such date, and at such rate, as the Commissioner determines.
“(3) The date determined by the Commissioner—
(a) shall not, unless special circumstances exist that justify an earlier date, be a date earlier than the date of the direction; and
(b) shall not in any case be a date earlier than 1 July 1979.
“(4) The rate determined by the Commissioner shall not exceed the rate at which pension would have been payable to the widow if the entitlement had not ceased.
Increase in payment of child’s or orphan’s pension
“111X. (1) From and including 1 July 1979, pension is payable to a child or student child referred to in paragraph 46 (1) (b) or (c) or 47 (1) (b) or (c), sub-section 46 (2) or 47 (6) or section 48 of the Superannuation Ordinance as if—
(a) the child or student child were a child referred to in paragraph 41 (1) (b) or 42 (1) (b), or sub-regulation 41 (2), 42 (6) or 43 (1), of these Regulations; and
(b) the references to contributor and pensioner in sections 46, 47, and 48 of the Superannuation Ordinance were references to a contributor or a pensioner, respectively, within the meaning of these Regulations.
“(2) The provisions of sub-regulations 41 (1A) and (2A), 42 (1A) and (6A) and 43 (1B) apply to and in relation to a child or student child the rate of pension payable in respect of whom has been altered by reason of the operation of sub-regulation (1).
Widening of eligibility under the Superannuation Ordinance
“111Y. (1) From and including 1 July 1979, pension is, subject to the provisions of Part XB as applied by regulation 111Z, payable under the Superannuation Ordinance as if—
(a) ‘widow’, in section 47 of the Superannuation Ordinance, in relation to a deceased pensioner within the meaning of the Ordinance, had the same meaning as ‘widow’ in Part XB, in relation to a deceased pensioner within the meaning of these Regulations;
(b) ‘child’, in sections 46, 47 and 48 of the Superannuation Ordinance, in relation to a deceased contributor or pensioner within the meaning of that Ordinance, had the same meaning as ‘child’ in Part XB in relation to a deceased contributor or pensioner within the meaning of these Regulations;
(c) the references to pension, in the definition of ‘child’, and in paragraph (g) of the definition of ‘widow’, in regulation 111F were references to pension payable under the Superannuation Ordinance, other than pension that is payable by virtue of this regulation;
(d) the reference in paragraph (h) of the definition of ‘widow’ in sub-regulation 111F (1) to regulation 65A were a reference to regulation 111W; and
(e) sub-section 57 (4) of the Superannuation Ordinance were omitted.
“(2) Nothing in sub-regulation (1) shall be taken to affect the entitlement to pension of a person who—
(a) was entitled to pension immediately before 1 July 1979; or
(b) but for sub-regulation (1), would have become, or would become, entitled to pension on or after that date.
Application of Part XB in relation to widened eligibility
“111Z. (1) Part XB applies to and in relation to the payment of pension to a widow or child, being pension that is payable by virtue of regulation 111Y.
“(2) In the application of Part XB by virtue of sub-regulation (1)—
(a) the reference in regulation 111H to pension payable under paragraph 42 (1) (a) shall be read as a reference to pension payable under paragraph 47 (1) (a) of the Superannuation Ordinance; and
(b) the reference in regulation 111L to the entitlement of a person to a pension under these Regulations shall be read as a reference to the entitlement of a person to a pension under the Superannuation Ordinance, other than a pension to which a person is entitled by virtue of regulation 111Y.
Total pension not to exceed certain rate
“111ZA. The Commissioner shall not determine a rate of pension in relation to a deceased contributor or pensioner by virtue of regulation 111Y and the application of Part XB if the payment of the pension, or the payment of the pension at the rate the Commissioner proposes to determine, would result in the aggregate of the rates of pension payable under the Superannuation Ordinance and these Regulations in relation to the deceased contributor or pensioner at the date of the determination exceeding the rate of pension to which—
(a) the deceased contributor would have been entitled at that date under that Ordinance if he had not died but had been entitled at that date to a pension under sub-section 42 (1) of that Ordinance; or
(b) the deceased pensioner would have been entitled at that date under that Ordinance if he had not died.”.
Saving of pensions, &c.
11. (1) Regulation 125 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations is amended—
(a) by inserting in sub-regulation (4A) “superannuation allowance or” before “a pension”; and
(b) by omitting from that sub-regulation “that pension” and substituting “that allowance or pension”.
(2) Regulation 125 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations is amended by inserting after sub-regulation (4A) the following sub-regulation:
“(4B) Where, after the commencement of these Regulations, a person became or becomes entitled to superannuation allowance or a pension in accordance with the Superannuation Ordinance 1928-1955 of the Territory of New Guinea, that allowance or pension shall, on and from the date on which he so became or becomes entitled, be payable to him as if it were superannuation allowance or a pension of the kind referred to in sub-regulation (4A).”.
1. Notified in the Commonwealth of Australia Gazette on 31 December 1981.
2. Statutory Rules 1973 No. 239 as amended by 1974 Nos. 128 and 156; 1975 Nos. 134 and 179; 1976 Nos. 74, 138 and 183; 1977 Nos. 65, 145 and 218; and 1978 Nos. 92 and 155.