Document ID: chunk:federal_register_of_legislation:C1963A00102:body:0:p14
Version: federal_register_of_legislation:C1963A00102
Segment Type: other
Provision Reference: 
Character Range: 32776–35401

pensioner is not entitled to an increase under the last preceding sub-section 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 sub-section, he would be entitled exceeds the sum of the amount by which the amount of annual pension payable to him was increased in pursuance of section eleven of the Superannuation Act 1957 and the amount by which the amount of annual pension payable to him was increased in pursuance of section four of the Superannuation (Pension Increases) Act 1961.

(3.) Where a person would, but for section sixty-five of the Superannuation Act 1922–1963, be a prescribed pensioner for the purposes of this Part, 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 sub-section (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 sub-section,
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 twenty-six of the Superannuation Act 1922–1959 should not apply to him—one-half of the increase in pension to which her husband would have been entitled under sub-section (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 sub-section (1.) of this section.

(5.) Where, immediately before the commencing date, sub-section (1.) or sub-section (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 Part, be deemed to be the pension that would have been payable to that person if that sub-section 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