4Increases in certain pensions

4 Increases in certain pensions

(1) Where the adjusted unit entitlement of a prescribed 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 product of the prescribed amount applicable in relation to him and a number equal to the number of units of pension included in his additional unit entitlement. (2) Where the pension payable to a prescribed pensioner was increased in pursuance of section eleven of the Superannuation Act 1957, 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 amount by which the amount of annual pension payable to him was increased in pursuance of section eleven of the Superannuation Act 1957. (3) Where a person would, but for section sixty‑five of the Superannuation Act 1922‑1959, be a prescribed pensioner for the purposes of this Act, 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 subsection (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 subsection; the widow is, subject to this section, entitled to an increase in her pension, being an increase equal to five‑eighths of the increase in pension to which her husband would have been entitled under that subsection. (5) Where, immediately before the commencing date, subsection (1) or (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 Act, be deemed to be the pension that would have been payable to that person if that subsection 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 that section and, for the purposes of that section in its application to that pension, the increased pension shall be deemed to be payable under that Act. (6) The increases in pensions provided for by this section do not apply to or in relation to: (a) a pension in respect of a child; (b) a pension that became payable under section fifty‑seven 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 in section one hundred and one of the Superannuation Act 1922‑1959; or (c) a pension that became payable under section fifty‑three or fifty‑eight of the Superannuation Act 1922 or of that Act as amended.