New South Wales Consolidated Acts

LOCAL GOVERNMENT AND OTHER AUTHORITIES (SUPERANNUATION) ACT 1927 - SECT 15X

15X Disablement of contributor

(1) Where a contributor (in this section referred to as "the former contributor") resigns or is dismissed from the service of the council by which he is employed and the board is of the opinion that his resignation or dismissal was due, directly or indirectly, to his permanent physical or mental incapacity, not caused by an act or default of the former contributor intended by him to produce that incapacity, the board shall, subject to sections 15Z and 17BA:

(a) on application made to the board by the former contributor and if the board is of the opinion that the former contributor is permanently unable, by reason of that incapacity to perform the duties that he was required to perform before he suffered the incapacity, pay to the former contributor, as a disablement benefit, the total amount standing to the credit of the former contributor in his servant’s account, and

(b) on an application:

(i) made to the board by the former contributor, and if the board is of the opinion that the former contributor is permanently unable, by reason of that incapacity, to engage in or be employed in any remunerative occupation in which it is in the opinion of the board reasonable to expect him to engage, pay to the former contributor, or

(ii) made to the board by the personal representative of the former contributor where the former contributor has died, no payment has been made to him under subparagraph (i), and the board is of the opinion that his death resulted from that incapacity, pay to that personal representative,

as additional disablement benefits, an amount equal to the product of the annual salary that was payable to the former contributor immediately before his resignation or dismissal and the multiplier specified in Schedule B under the heading “Multiplier of salary” that is opposite the age in years specified in that Schedule under the heading “Age in years” of the former contributor at the time of his resignation or dismissal.

(2) An application under subsection (1) shall be in writing in a form approved by the board and shall:

(a) in the case of an application referred to in paragraph (a) of that subsection, be lodged with the board within twenty-one days, or

(b) in the case of an application referred to in paragraph (b) of that subsection, be lodged with the board within two years,

after the resignation or dismissal of the former contributor or within such further period as the board may in any particular case allow.

(3) Paragraph (a) of subsection (1) does not apply to a contributor referred to in section 15V.

(4) Paragraph (b) of subsection (1) does not apply unless the former contributor was qualified for additional disablement benefits.