Document ID: chunk:federal_register_of_legislation:C2011C00795:section:4:p1
Version: federal_register_of_legislation:C2011C00795
Segment Type: section
Provision Reference: s 4 (pt 1/2)
Character Range: 10932–13548

4  Increases in certain pensions

 (1) Where the adjusted unit entitlement of an eligible 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 relevant amount applicable in relation to him multiplied by a number equal to the number of units of pension included in his additional unit entitlement.

 (2) Where the pension payable to an eligible pensioner was increased in pursuance of section 11 of the Superannuation Act 1957, section 4 of the Superannuation (Pension Increases) Act 1961 or section 26 of the Superannuation Act 1963, 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 sum of the amounts by which the amount of annual pension payable to him was increased in pursuance of section 11 of the Superannuation Act 1957, section 4 of the Superannuation (Pension Increases) Act 1961 and section 26 of the Superannuation Act 1963, respectively.

 (3) 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:
 (c) in the case of a widow whose husband elected that section 26 of the Superannuation Act 1922‑1959 should not apply to him and did not revoke that election—one‑half of the increase in pension to which her husband would have been entitled under subsection (1) of this section; or
 (d) in any other case—five‑eighths of the increase in pension to which her husband would have been entitled under subsection (1) of this section.

 (4) The increases in pensions provided for by this section do not apply to or in relation to:
 (a) a pension that became payable under section 57 of the Superannuation Act 1922 or of that Act as amended, not being a pension for which contributions