Section 3 - Superannuation (Pension Increases) Act 1961 - Interpretation

3Interpretation

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3 Interpretation

(1) In this Act, unless the contrary intention appears:

actual unit contribution, in relation to a prescribed pensioner, means the number of units of pension in respect of which pension was payable to the pensioner immediately before the commencing date.

actual unit entitlement:

(a) in relation to a prescribed pensioner, not being a non‑contributory pensioner, means:
(i) the number of units of pension that, at the prescribed time, was, in accordance with the scale set out in subsection (1) of section thirteen of the Superannuation Act 1922 or of that Act as amended and in force at that time, applicable to an annual salary equal to his annual salary at that time; or
(ii) his actual unit contribution;
whichever is the greater; and
(b) in relation to a prescribed pensioner, being a non‑contributory pensioner, means:
(i) the number of units of pension that was, in accordance with the scale set out in subsection (1) of section thirteen of the Superannuation Act 1922, applicable to an annual salary equal to his annual salary at the time of his retirement; or
(ii) four units of pension;
whichever is the less.

additional unit entitlement, in relation to a prescribed pensioner, means the number of units of pension, if any, by which his adjusted unit entitlement exceeds his actual unit entitlement.

adjusted unit entitlement, in relation to a prescribed pensioner, means the number of units of pension that, in accordance with the scale set out in subsection (1) of section thirteen of the Superannuation Act 1922‑1954, is applicable to an annual salary equal to his notional annual salary.

non‑contributory pensioner means a person to whom, immediately before the commencing date, a pension was payable (otherwise than as a widow) by virtue of section nine or section fourteen of the Superannuation Act (No. 2) 1956.

notional annual salary, in relation to a prescribed pensioner, means such annual salary as the Treasurer, having regard to general increases in the rates of salaries of contributors that occurred after the prescribed time, determines to be the salary that, as at the nineteenth day of April, One thousand nine hundred and fifty‑four:

(a) in the case of a pensioner who is not a non‑contributory pensioner—corresponded with the annual salary that was payable to him at the prescribed time; or
(b) in the case of a pensioner who is a non‑contributory pensioner—corresponded with:
(i) the annual salary that was payable to him at the prescribed time; or
(ii) the minimum annual salary that, at the commencement of the Superannuation Act 1922, entitled an employee to contribute for four units of pension;
whichever is the less.

(a) in relation to a prescribed pensioner, not being a pensioner in relation to whom paragraph (b), (c) or (d) of this definition applies—means the amount of Thirty‑two pounds ten shillings; (b) in relation to a prescribed pensioner whose actual unit contribution is less than his actual unit entitlement, not being a pensioner in respect of whom section fifty‑two of the Superannuation Act 1922 or of that Act as amended applied—means such amount as bears to the amount of Thirty‑two pounds ten shillings the same proportion as his actual unit contribution bears to his actual unit entitlement; (c) in relation to a prescribed pensioner in respect of whom section fifty‑two 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—means such amount as bears to the amount of Thirty‑two pounds ten shillings the same proportion as his actual unit contribution bears to a number of units of pension equal to the difference between the number of units of pension ascertained in relation to him for the purposes of sub‑paragraph (i) of paragraph (a) of the definition of actual unit entitlement in this subsection and the number of units determined in relation to him for the purposes of paragraph (b) of subsection (1) of section fifty‑two of the Superannuation Act 1922 or of that Act as amended; and (d) in relation to a prescribed pensioner whose pension became payable under the proviso to section twenty‑nine of the Superannuation Act 1922 or of that Act as amended, or under section sixty M, or paragraph (a) of subsection (2) of section sixty O, of the Superannuation Act 1922‑1924 or of that Act as amended—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, upon retirement, he had become entitled to receive a pension under section twenty‑nine 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.