{"id":"C1967A00090","name":"Superannuation (Pension Increases) Act 1967","slug":"superannuation-pension-increases-act-1967","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"90 of 1967","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2055,"registerId":"C2011C00795","compilationNumber":null,"startDate":"2011-09-16","status":"InForce","reasons":[{"affect":"Amend","markdown":"Sch 1 (items 9, 12) of the [Statute Stocktake Act (No. 1) 2011](/C2011A00100)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Statute Stocktake Act (No. 1) 2011","year":2011,"number":100,"titleId":"C2011A00100","provisions":"Sch 1 (items 9, 12)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2011-09-28T12:20:11.707Z"},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Superannuation (Pension Increases) Act 1967.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"#### 2 Commencement \\[see Note 1\\]\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> actual unit contribution, in relation to an eligible pensioner, means the number of units of pension in respect of which pension was payable to the pensioner immediately before the commencing date.\n\n> actual unit entitlement:\n\n    (a) in relation to an eligible pensioner (not being a non‑contributing pensioner) who retired before the fourteenth day of December, One thousand nine hundred and fifty‑nine, means:\n    (i) the number of units of pension that, at the relevant time, was applicable in relation to him under the scale set out in subsection (1) of section 13 of the Superannuation Act 1922 or of that Act as amended and in force at that time; or\n    (ii) his actual unit contribution;\n  whichever is the greater;\n    (b) in relation to an eligible pensioner (not being a non‑contributing pensioner) who retired on or after the fourteenth day of December, One thousand nine hundred and fifty‑nine, but before the first day of November, One thousand nine hundred and sixty‑three, means:\n    (i) the number of units of pension that, at the time immediately before his retirement, was applicable in relation to him under subsection (2) or subsection (3), as the case may be, of section 20 of the Superannuation Act 1922‑1959; or\n    (ii) his actual unit contribution;\n  whichever is the greater;\n    (c) in relation to an eligible pensioner (not being a non‑contributing pensioner) who retired on or after the first day of November, One thousand nine hundred and sixty‑three, means:\n    (i) the number of units of pension that, at the time immediately before his retirement, was applicable in relation to him under subsection (2) of section 20 of the Superannuation Act 1922‑1963 or of that Act as amended and in force at that time; or\n    (ii) his actual unit contribution;\n  whichever is the greater; and\n    (d) in relation to an eligible pensioner (being a non‑contributing pensioner), means:\n    (i) the number of units of pension that was, under the scale set out in subsection (1) of section 13 of the Superannuation Act 1922, applicable to an annual salary equal to his annual salary at the time immediately before his retirement; or\n    (ii) four units of pension;\n  whichever is the less.\n\n> additional unit entitlement, in relation to an eligible pensioner, means the number of units of pension, if any, by which his adjusted unit entitlement exceeds his actual unit entitlement.\n\n> adjusted unit entitlement, in relation to an eligible pensioner, means the number of units of pension that would have been applicable in relation to him under subsection (2) of section 20 of the Superannuation Act 1922‑1967 at the thirtieth day of June, One thousand nine hundred and sixty‑seven, if he had not retired and had been in receipt of an annual salary equal to his notional annual salary.\n\n> eligible pensioner means:\n\n    (a) a person to whom, immediately before the commencing date, a pension was payable by virtue of that person having been a contributor, being a pension that commenced to be payable before the thirtieth day of June, One thousand nine hundred and sixty‑seven; or\n    (b) a non‑contributing pensioner.\n\n> non‑contributing pensioner means a person to whom, immediately before the commencing date, a pension was payable (otherwise than as a widow) by virtue of section 9 or section 14 of the Superannuation Act (No. 2) 1956.\n\n> notional annual salary, in relation to an eligible pensioner, means such annual salary as the Treasurer, having regard to general increases in the rates of salaries of contributors that occurred after the relevant time, determines to be the salary that, as at the thirtieth day of June, One thousand nine hundred and sixty‑seven:\n\n    (a) in the case of a pensioner who is not a non‑contributing pensioner, corresponded with the annual salary that was payable to him at the relevant time; or\n    (b) in the case of a pensioner who is a non‑contributing pensioner, corresponded with:\n    (i) the annual salary that was payable to him at the relevant time; or\n    (ii) the minimum annual salary that, at the commencement of the Superannuation Act 1922, entitled an employee to contribute for four units of pension\n  whichever is the less.\n\n> the commencing date means the date of commencement of this Act.\n\n> the relevant amount:\n\n    (a) in relation to an eligible pensioner not being a pensioner in relation to whom paragraph (b), (c), (d) or (e) of this definition applies—means the amount of Sixty‑five dollars;\n    (b) in relation to an eligible pensioner whose actual unit contribution is less than his actual unit entitlement, not being a pensioner in relation to whom section 52 of the Superannuation Act 1922 or of that Act as amended applied or in relation to whom paragraph (d) or (e) of this definition applies—means such amount as bears to the amount of Sixty‑five dollars the same proportion as his actual unit contribution bears to his actual unit entitlement;\n    (c) in relation to an eligible pensioner in relation to whom section 52 of the Superannuation Act 1922 or of that Act as amended applied and who had neglected to contribute, or had elected not to contribute, for a unit of pension (including a fraction of a unit of pension) for which he was eligible or required to contribute, not being a pensioner in relation to whom either of the next two succeeding paragraphs applies—means such amount as bears to the amount of Sixty‑five dollars the same proportion as his actual unit contribution bears to a number of units of pension equal to the difference between:\n    (i) if the pensioner retired before the fourteenth day of December, One thousand nine hundred and fifty‑nine—the number of units of pension that, at the relevant time, was applicable in relation to him under the scale set out in subsection (1) of section 13 of the Superannuation Act 1922 or of that Act as amended and in force at that time;\n    (ii) if the pensioner retired on or after the fourteenth day of December, One thousand nine hundred and fifty‑nine, but before the first day of November, One thousand nine hundred and sixty‑three—the number of units of pension that, at the time immediately before his retirement, was applicable in relation to him under subsection (2) or subsection (3), as the case may be, of section 20 of the Superannuation Act 1922‑1959; or\n    (iii) if the pensioner retired on or after the first day of November, One thousand nine hundred and sixty‑three—the number of units of pension that, at the time immediately before his retirement, was applicable in relation to him under subsection (2) of section 20 of the Superannuation Act 1922‑1963 or of that Act as amended and in force at that time;\n  and the number of units determined in relation to him for the purposes of paragraph (b) of subsection (1) of section 52 of the Superannuation Act 1922 or of that Act as amended;\n    (d) in relation to an eligible pensioner whose pension became payable under the proviso to section 29 of the Superannuation Act 1922 or of that Act as amended, or under section 60M, or paragraph (a) of subsection (2) of section 60O, of the Superannuation Act 1922‑1924 or of that Act as amended, not being a pensioner in relation to whom the next succeeding paragraph applies—means such amount as bears to the amount that would, but for this paragraph and the next succeeding paragraph, be applicable in relation to him under this definition the same proportion as the amount of annual pension that was payable to him immediately before the commencing date bears to the amount of annual pension that would have been so payable to him if, upon retirement, he had become entitled to receive a pension under section 29 of the Superannuation Act 1922 or of that Act as amended, according to the number of units of pension for which he was contributing at the time of his retirement; and\n    (e) in relation to an eligible pensioner who entered into an agreement with the Board under section 73 of the Superannuation Act 1959 or gave a notice to the Board under section 33 of the Superannuation Act 1963 and whose pension was reduced by reason of his not having paid an amount of, or of interest upon, contributions the payment of which was deferred—means such amount as bears to the amount that would, but for this paragraph, be applicable in relation to him under this definition the same proportion as the amount of annual pension that was payable to him immediately before the commencing date bears to the amount of annual pension that would have been so payable to him if his pension had not been so reduced.\n\n> the relevant time:\n\n    (a) in relation to an eligible pensioner who retired before the twelfth day of June, One thousand nine hundred and forty‑seven, not being a non‑contributing pensioner—means the time immediately before he ceased to pay contributions or he attained the maximum age for retirement, whichever first occurred; and\n    (b) in relation to any other eligible pensioner—means the time immediately before his retirement.\n  (2) In ascertaining for the purpose of paragraph (d) or paragraph (e) of the definition of the relevant amount in the last preceding subsection the amount of annual pension that was, or would have been, payable to an eligible pensioner immediately before the commencing date, the operation of section 44 of the Superannuation Act 1922‑1967 shall be disregarded.\n  (3) Subject to subsection (1) of this section, expressions used in this Act that are also used in the Superannuation Act 1922‑1967 have in this Act, unless the contrary intention appears, the same respective meanings as they have in the Superannuation Act 1922‑1967.\n  (4) For the purposes of this Act, the annual salary that was payable at any material time to an eligible pensioner who, at that time, was paid salary at a rate other than an annual rate of salary shall be ascertained as prescribed for the purposes of paragraph (a) of subsection (1) of section 22 of the Superannuation Act 1922‑1967.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Increases in certain pensions","content":"#### 4 Increases in certain pensions\n\n  (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.\n  (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.\n  (3) Where, immediately before the commencing date, a pension was payable to a person by virtue of that person being the widow of:\n    (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\n    (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\n  pension, being an increase equal to:\n    (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\n    (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.\n  (4) The increases in pensions provided for by this section do not apply to or in relation to:\n    (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 were made to a State Fund as defined by section 101 of the Superannuation Act 1922‑1967; or\n    (b) a pension that became payable under section 53 or section 58 of the Superannuation Act 1922 or of that Act as amended.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Payment of pension increases","content":"#### 6 Payment of pension increases\n\n  The reference in subsection (1) of section 10 of the Superannuation Act 1922‑1967 to benefits under that Act shall be read as including a reference to increases in pensions payable by virtue of section 4 of this Act and a reference to pensions payable by virtue of section 5 of this Act.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Application","content":"#### 7 Application\n\n  (1) Increases in pensions payable by virtue of section 4 of this Act have effect from and including the first fortnightly payment of pensions made after the commencing date.\n  (2) Pensions payable by virtue of section 5 of this Act are payable from and including the first fortnightly payment of pensions made after the commencing date.","sortOrder":5}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This Act expands the scope of pension payments under the existing superannuation framework by creating a new entitlement to increases where an 'adjusted unit entitlement' (recomputed as at 30 June 1967) exceeds a pensioner’s prior 'actual unit entitlement' (s4(1)). It introduces new computational mechanics—definitions of adjusted unit entitlement, relevant amount and notional annual salary—rather than merely changing payment timing (s3). Administrative decisions (Treasurer sets notional salary, s3) and multiple exception rules (non‑contributing pensioners, elections, deferred contributions, s3; exclusions, s4(4)) alter who receives what and how much. Payments are to be made through the pre‑existing Superannuation Act machinery (s6, s7), so the legal payer/administrator remains the body established under that Act, but that body must implement additional calculations and record‑keeping imposed by this Act, creating implementation and compliance burdens for administrators and creating new recurring payment obligations."},"complexity_factors":["Extensive cross-references to multiple versions and provisions of the Superannuation Act 1922‑1967 (definitions and entitlement calculations)","Multiple date-based branches for ‘actual unit entitlement’ tied to retirement dates (s3(1)(a)–(c))","Layered arithmetic adjustments using 'actual', 'adjusted' and 'additional' unit entitlements and a multipart 'relevant amount' formula (s3, s4)","Administrative discretion granted to the Treasurer to determine 'notional annual salary' (s3)","Exceptions and proportional reductions for various categories (non‑contributing pensioners, elections, deferred contributions) that alter the relevant amount (s3)","Widowhood adjustments with fractional shares of increases (s4(3))","Integration into existing payment rules and timing (s6, s7) requiring administrators to map new rules onto old processes","Potential need for historical data (salary at 'relevant time') and prescribed salary calculations (s3(4))"],"plain_english_summary":"This Act raises certain Commonwealth superannuation pensions where a pensioner’s notional entitlement (recalculated as at 30 June 1967) exceeds the units on which their pension was originally based. The additional annual pension equals a fixed ‘relevant amount’ multiplied by the number of extra units. It applies to eligible pensioners (and some widows), relies on a Treasurer-determined notional salary to recompute entitlements, and is paid via the existing Superannuation Act payment mechanism from the first fortnightly payment after commencement."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: providing a one-off pension increase calculation for pre-1967 Commonwealth superannuation retirees. While the machinery is complex, the scope has not expanded beyond adjusting pension rates for this specific cohort of retired public servants and their widows."},"complexity_factors":["11 defined terms in section 3, many with nested sub-definitions spanning multiple paragraphs","Extensive cross-referencing to at least 6 different versions of the Superannuation Act (1922, 1922-1959, 1922-1963, 1922-1967, 1956, 1957, 1959, 1963)","Date-based conditional logic with 5 different retirement date thresholds (pre-14 Dec 1959, 14 Dec 1959-1 Nov 1963, post-1 Nov 1963, pre-12 June 1947, pre-30 June 1967)","Nested \"whichever is the greater/less\" comparisons within definitions (e.g., actual unit entitlement has 4 variants, each with (i)/(ii) comparisons)","Five-tiered cascading definition of \"the relevant amount\" with complex proportionality calculations and multiple exclusion clauses","Mathematical formulas requiring calculation of ratios between unit contributions and entitlements","Interaction with previous pension increase legislation requiring offset calculations (section 4(2))","Disregard provisions (section 3(2)) that require hypothetical calculations ignoring other operative provisions","Notional salary determinations by Treasurer requiring subjective assessment of \"general increases in rates of salaries\"","Widow entitlement fractions (1/2 vs 5/8) contingent on deceased husband's election history under prior legislation"],"plain_english_summary":"**What this law does:**\n\nThis 1967 Act gives **pay rises to retired Australian public servants** who were receiving pensions under the old Commonwealth superannuation scheme.\n\n**Who it affects:**\n\n* **\"Eligible pensioners\"** — mainly retired federal public servants (and some widows) who were already receiving pensions before 30 June 1967\n* Specifically targets people whose pension was calculated based on old \"units\" of pension rather than modern salary-based calculations\n\n**How it works:**\n\nThe Act compares two numbers for each pensioner:\n1. **What they actually get** (\"actual unit entitlement\") — based on their contributions and salary when they retired\n2. **What they would have got** (\"adjusted unit entitlement\") — calculated as if they were still working and had received all the salary increases that happened between their retirement and 1967\n\nIf the second number is bigger, they get a **pension increase** of **$65 per year** (or a reduced amount in some cases) multiplied by the difference in \"units.\"\n\n**Special rules for widows:**\nWidows of eligible pensioners get either **half** or **five-eighths** of the increase their husband would have received, depending on choices he made about his pension.\n\n**Why it matters:**\nThis was a **cost-of-living adjustment** for retirees. It recognised that people who retired years earlier had their pensions frozen based on old salary levels, while active employees got pay rises. The Act tried to close that gap so retirees weren't left behind by inflation and wage growth.\n\n**Key limitation:**\nThe increase only applies to the \"gap\" between old and new entitlements — if someone already got an increase under three earlier Acts (1957, 1961, 1963), this new increase is reduced by those previous amounts."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-pension-increases-act-1967","history":"/api/acts/superannuation-pension-increases-act-1967/history","analysis":"/api/acts/superannuation-pension-increases-act-1967/analysis","conflicts":"/api/acts/superannuation-pension-increases-act-1967/conflicts","importantCases":"/api/acts/superannuation-pension-increases-act-1967/important-cases","documents":"/api/acts/superannuation-pension-increases-act-1967/documents"}}