SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 131 Former employees under 65 who are in receipt of superannuation benefits and are unable to engage in any work

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 131

  (1)   This section applies to a former employee who:

  (a)   on the commencing day, was under 65 and in receipt of a pension under a superannuation scheme; and

  (b)   is not capable of engaging in any work.

  (2)   Subject to this Division, if the former employee's total benefit immediately before the commencing day was equal to or more than 95% of his or her normal weekly earnings as at that day, the amount of compensation payable per week to the former employee under this Act is the amount that, when added to the former employee's superannuation amount, results in a combined benefit equal to 95% of those normal weekly earnings.

  (2A)   If, as a result of an increase in the amount of a former employee's normal weekly earnings, the amount of combined benefit payable to the former employee under subsection   (2) is less than 70% of those increased normal weekly earnings, the amount of compensation must be increased or further increased (as the case may be) until it is equal to 70% of those increased normal weekly earnings.

  (3)   Subject to this Division, if the former employee's total benefit immediately before the commencing day was equal to or more than 70%, but less than 95%, of his or her normal weekly earnings as at that day, the amount of compensation payable per week to the former employee under this Act is an amount equal to the employee's 1971 amount.

  (3A)   If, as a result of an increase in the amount of a former employee's normal weekly earnings, the amount of compensation payable to the former employee under subsection   (3) is less than 70% of those increased normal weekly earnings, the amount of compensation must be increased or further increased (as the case may be) until it is equal to 70% of those increased normal weekly earnings.

  (4)   Subject to this Division, if the former employee's total benefit immediately before the commencing day was less than 70% of his or her normal weekly earnings as at that day, the amount of compensation payable per week to the former employee under this Act is the amount that, when added to the former employee's superannuation amount, results in a combined benefit equal to 70% of his or her normal weekly earnings for the time being.

  (5)   Whenever the superannuation amount of a former employee referred to in subsection   (2), (3) or (4) is increased, the amount of compensation payable under that subsection shall be reduced, or further reduced, as the case requires, by:

  (a)   an amount equal to the amount of the increase; or

  (b)   an amount that will result in a combined benefit equal to 70% of the former employee's normal weekly earnings as at the date of the increase;

whichever is less.

  (6)   Subsection   (5) does not require a reduction or further reduction in the amount of compensation payable to a former employee under subsection   (2), (3) or (4) where the reduction or further reduction would result in a combined benefit of less than 70% of the employee's normal weekly earnings as at the date of the increase in the superannuation amount.