Government Superannuation Fund Amendment Act 1979

1: Short Title and commencement
1: This Act may be cited as the Government Superannuation Fund Amendment Act 1979, and shall be read together with and deemed part of the Government Superannuation Fund Act 1956
2: Except as provided by sections 2 12(3) 13(3) 18(2) 19(2)
1: Annual adjustments to allowances payable to contributors under the age of 60 years
2: Commencement
This Part of this Act shall be deemed to have come into force on the 12th day of April 1979.
3: Interpretation
For the purposes of this Part of this Act— Aggregate percentage of increase section 7 Basic allowance section 48 91 91A section 40 Date of qualification
a: In the case of any contributor to whom section 4(a) 4(b) 4(c)
b: In the case of any contributor to whom section 4(d) 4(g)
c: In the case of any contributor to whom section 4(e) 4(f) Government service
a: Government service as defined in section 2(1)
b: Includes contributory service
c: Does not include any service that is subject to any Act that excludes such service from the provisions of the principal Act or any corresponding former Act.
4: Application of this Part
This Part of this Act shall apply to every contributor under Part 2
a: A contributor who, after having completed 40 years or more of contributory service, retired from Government service before the 1st day of April 1979; or
b: A contributor who, without having completed 40 years or more of contributory service but after having completed 40 years or more of Government service, retired from Government service before the 1st day of April 1979 and qualified for a retiring allowance pursuant to section 35(3)(g)
c: A contributor who, without having completed 40 years or more of contributory service or 40 years or more of Government service, retired from the Government service before the 1st day of April 1979 and survived for such period that he would have completed 40 years of Government service before the 1st day of April 1979 if he had not retired from the Government service; or
d: A contributor who, without having completed 40 years or more of contributory service or 40 years or more of Government service, retired from the Government service before the 1st day of April 1979, but survives for such period that he would have completed 40 years of Government service after the 31st day of March 1979 if he had not retired from the Government service; or
e: A contributor who, after having completed 40 years or more of contributory service, retires from the Government service after the 31st day of March 1979; or
f: A contributor who, without having completed 40 years or more of contributory service but after having completed 40 years or more of Government service, retires from the Government service after the 31st day of March 1979, and who qualifies for a retiring allowance pursuant to section 35(3)(g)
g: A contributor who, without having completed 40 years or more of contributory service or 40 years or more of Government service, retires from the Government service after the 31st day of March 1979, but who survives for such period that he would have completed 40 years of Government service had he not retired from the Government service.
5: Provision for annual adjustment
Subject to section 6 Part 2
6: Initial adjustments
1: Subject to subsection (2)
2: Where the date of qualification of a contributor is before the 1st day of April 1979, the initial adjustment shall be made with effect on and after the 12th day of April 1979.
7: Percentage of annual adjustment
1: The aggregate percentage of increase to be applied to a basic allowance in accordance with section 5 section 5(1A)
a: basic index number
i: in any case where the date of qualification falls between 1 October and 31 March (both days inclusive), the basic index number for the preceding June quarter; and
ii: in any case where the date of qualification falls between 1 April and 30 September (both days inclusive), the basic index number for the preceding December quarter; and
b: initial adjustment under section 7 section 6
2: No person is entitled, because of the amendments made to this Act by section 4 Section 7 substituted 1 April 2009 section 4(2) Government Superannuation Fund Amendment Act 2009
8: Amount of annual adjustment
1: Subject to subsection (2)
2: The annual amount of any retiring allowance as so determined, to be paid on and after the date of any annual adjustment, shall be increased or reduced, as the case may be, in accordance with any election by the contributor under section 40
9: Rights of surviving spouses
or partners If a surviving spouse or partner section 45 This section was amended 29 March 1985 22(2) Government Superannuation Fund Amendment Act 1985 by substituting the words section 45 section 45(1)(a)(i) or section 46(1)(a)(i) The heading amended 26 April 2005 4(1) Government Superannuation Fund Amendment Act 2005 by substituting the words or partners spouses Section 9 amended 26 April 2005 4(1) Government Superannuation Fund Amendment Act 2005 by substituting the words or partner spouse
10: Cessation of adjustments
Notwithstanding any of the foregoing provisions of this Part of this Act, no adjustments to any retiring allowance pursuant to this Part of this Act shall be made with respect to any period on or after the annual adjustment date next following the 60th anniversary of the contributor's birth.
11: Application of
Government Superannuation Fund Amendment Act 1969 or partners
1: Subject to subsection (2) Government Superannuation Fund Amendment Act 1969
a: Any retiring allowance of any contributor to whom this Part of this Act applies if that contributor attains the age of 60 years; and
b: Any annuity payable to a surviving spouse or partner
2: No adjustments pursuant to section 4 Government Superannuation Fund Amendment Act 1969 or partner
3: For the purpose of determining—
a: When any annuity payable to a surviving spouse or partner section 4 Government Superannuation Fund Amendment Act 1969
b: The amount of the annuity that forms the basic allowance for the purposes of section 6 Government Superannuation Fund Amendment Act 1969 the annuity of any surviving spouse or partner section 9 section 91A The heading amended 26 April 2005 4(1) Government Superannuation Fund Amendment Act 2005 by substituting the words or partners spouses Section 11 amended 26 April 2005 4(1) Government Superannuation Fund Amendment Act 2005 by substituting the words or partner spouse
2: Miscellaneous amendments of principal Act
12: Section 12 and 13 repealed 29 March 1985 22(3) Government Superannuation Fund Amendment Act 1985
13: Section 12 and 13 repealed 29 March 1985 22(3) Government Superannuation Fund Amendment Act 1985
14: Dependency requirement for minimum annuity to widowers removed
1:
2: This subsection substituted a new proviso for the first proviso to s 87(1)(a)(i) Subsection (1) repealed 29 March 1985 22(3) Government Superannuation Fund Amendment Act 1985
15: Section 15 repealed 1 January 1981 Government Superannuation Fund Amendment Act 1980
16: Restriction on amount of spouse's annuity removed
This section amended the second proviso to s 79(1)(a)
17: Restriction on eligibility of certain surviving spouses to receive annuity or refund of contributions on death of contributor
1: This subsection added para (d)
2: This subsection inserted para (ba)
18: Election by Judge or surviving spouse to surrender proportion of retiring allowance or annuity and receive cash payment
1: This subsection inserted s 79A
2: This section shall be deemed to have come into force on the 1st day of April 1979.
19: Election to surrender proportion of annuity and receive cash payment
1: This subsection inserted s 91A
2: This section shall be deemed to have come into force on the 12th day of April 1979.
20: Annual subsidies from Government
1: This subsection substituted a new paragraph for para (a)
2: Subsection (2) repealed 29 March 1985 22(3) Government Superannuation Fund Amendment Act 1985