62 Increase of rates of pension to widows entitled to pension before 30 June 1950
(1) The rate of pension payable under this Act to any widow who became entitled to a widow's ordinary pension before the appointed day shall be—
(a) the rate which would be payable to her if she had first become entitled to the pension on the appointed day; or
(b) the rate payable to her immediately before the appointed day plus twenty per centum—
(2) The rate of pension payable under this Act to any widow who became entitled to a widow's special pension before the appointed day shall be—
(a) the rate which would be payable to her if her husband—
(i) had on the appointed day while serving in the force died from the effects of a non-accidental injury received in the execution of his duty without his own default; and
(ii) during the three years immediately preceding the appointed day held the same rank or ranks for the same period or periods as he held during the three years immediately prior to the date of his actual death or retirement; or
(b) the rate payable to her immediately before the appointed day plus twenty per centum—
(3) The rate of pension payable under this Act to any widow to whom the foregoing subsections of this section do not apply shall be the rate payable to such widow immediately before the appointed day plus twenty per centum.
No. 5460 s. 7.
63 Appropriate retrospective adjustments to be made
s. 63
(1) Any necessary adjustments shall be made in respect of payments of pension made to any pensioner or widow after the appointed day.
(2) In respect of any such adjustments or of any adjustments authorized under the Police Regulation (Amendment) Act 1948 as amended by any Act payments shall (where the case so requires) be made to the personal representatives of a deceased recipient of pension in respect of the period up to death.
amended by No. 6486
s. 2(2).
Provisions of 1955 and 1958
No. 5897 s. 2.
64 Retrospective payments to pensioners widows and children already entitled to pensions etc.
S. 64(1) amended by No. 6486
s. 2(1)(a).
(1) Notwithstanding anything in this Act the pension or allowance payable to or in respect of any pensioner widow or child to or in respect of whom a pension or allowance was payable under the Police Regulation Acts immediately before the commencement of the Police Regulation (Pensions) Act 1955 shall be at the respective rates provided by this section.
(2) In this section then rate of pension means the rate of pension, including any additional amount payable under the Superannuation Police and State Pensions Act 1953, that was payable (apart from the operation of this section) to or in respect of the pensioner or widow concerned immediately before the commencement of the Police Regulation (Pensions) Act 1955.
(3) Subject to this section the rate of pension payable to such a pensioner shall be—
(a) if his then rate of pension was not more than $364—such then rate increased by one-seventh thereof;
(b) if his then rate of pension was more than $364 but not more than $728—such then rate increased by $52;
S. 64(3)(c) amended by No. 6486
s. 2(1)(b).
(c) if his then rate of pension was more than $728—a rate of $780 or such then rate (excluding any additional amount payable under the Superannuation Police and State Pensions Act 1953) increased by one-sixth thereof (whichever is the greater).
(4) Subject to this section the rate of pension payable to such a widow shall be her then rate of pension increased by one-quarter thereof.
S. 64(5) repealed by No. 6486
s. 2(1)(c).
(6) Notwithstanding anything in the foregoing provisions of this section—
(a) the rate of pension payable to any such pensioner shall not exceed the rate payable under Division two of Part III of this Act to a member of the force who—
(i) on the commencement of the Police Regulation (Pensions) Act 1955 first became entitled to a similar pension; and
(ii) during the three years immediately preceding the commencement of that Act held the same rank or ranks for the same period or periods as the pensioner held during the three years immediately prior to the date of his retirement;
(b) the rate of pension payable to any such widow shall not exceed the rate which would be payable to her if she had first become entitled to the pension on the commencement of that Act.
s. 64A
inserted by No. 6695
s. 2.
Provisions of 1960
S. 64A inserted by No. 6695
s. 2.
64A Basic rate of pension
s. 64A
S. 64A(1) amended by Nos 8722 s. 2(h)(i), 40/2010 s. 38(1).
(1) In this section basic rate of pension means the pension payable per annum to any pensioner or partner under the provisions of this Act other than the provisions of this section.
(2) (a) Where the basic rate of pension payable to a pensioner is not more than $728 the rate of pension payable to such pensioner shall be his basic rate of pension plus $65 or the rate of $728 per annum whichever is the less.
S. 64A(2)(b) amended by No. 8722
s. 2(h)(ii)(iii).
(b) Where the basic rate of pension payable to a widow is not more than $388.27 the rate of pension payable to such widow shall be her basic rate of pension plus $44.37 or the rate of $388.27 per annum whichever is the less.
s. 64B
inserted by No. 15/1989
s. 9.
General provision about final salary
S. 64B inserted by No. 15/1989
s. 9.
64B Final salary for superannuation benefit purposes
(1) Despite anything in this or any other Act, or in any regulations made under any other Act, for the purposes of determining the amount of superannuation benefits payable to a member of the force whose service is terminated by resignation during the period for which that member remains on probation for the rank to which he or she was most recently appointed, the final salary of that member must be taken to be the salary applicable, on the day before the resignation takes effect, to the previous rank of the member.
(2) In this section—
S. 64B(2) def. of disability amended by Nos 49/1992
s. 112, 23/1994 s. 118(Sch. 1 item 43.5), 97/2005 s. 182(Sch. item 40.3), 13/2010 s. 51(Sch. item 42.3).
s. 64B
disability, in relation to a member of the force, means the inability of the member, due to a continuing or recurring injury, disease or infirmity, to perform his or her duties, or any other duties as directed by the Chief Commissioner, for which he or she is suited by education, training or experience, or for which he or she would be suited as a result of retraining as certified by at least 2 persons registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
previous rank, in relation to a member, means the rank of the member immediately before his or her most recent promotion on probation, whether or not his or her probationary appointment to that previous rank had been confirmed;
resignation means the termination of service by a member of the force other than by reason of death or disability.