15CLRestriction on automatic adjustment of pension

15CL Restriction on automatic adjustment of pension

15CL Restriction on automatic adjustment of pension

(1) This Division does not operate to reduce a pension to a rate lower than the rate at which it would have been payable if this Division had not been enacted and clauses 13A, 13B, 13BA, 13BB and 13C of the Local Government and Other Authorities (Superannuation) Regulation 1978 as from time to time in force before the commencement of this Division, had not been made.

(2) Where the board is of the opinion that an increase pursuant to this Division in the pension payable to a person would prejudicially affect that person in respect of a benefit to which that person, but for being so affected, would be entitled, the board may determine—

(a) not to pay the amount of the increase,

(b) to pay a specified increase of a lesser amount, or

(c) to decrease the pension to a specified amount,

and may determine to revoke or vary any such determination.

(3) A determination in force under clause 13C of the Local Government and Other Authorities (Superannuation) Regulation 1978 immediately before the commencement of this Division shall be deemed to be a determination made under subsection (2) as if this Division had been in force when the determination was made.

(4) A determination made under subsection (2) has effect according to its tenor but subsection (2) does not authorise variation of a determination that has the effect of increasing a pension to an amount greater than it would have been if no determination in relation to the pension had been made under subsection (2).

(5) A determination made under subsection (2) shall be disregarded in calculating a pension payable to the widow of the pensioner to whom the determination relates but such a determination may be made in relation to the pension so calculated.

s 15CL: Ins 1980 No 191, Sch 5 (5).