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POLICE ACT 1990 - SECT 199K Savings and transitional arrangements

POLICE ACT 1990 - SECT 199K

Savings and transitional arrangements

199K Savings and transitional arrangements

(1) In this section--


"former death and disability award" means the award referred to in section 199I that is rescinded by that section.


"former workers compensation top-up award provision" means the provision of the award referred to in section 199J that is rescinded by that section.


"new insurance policy commencement date" , in relation to an injury to a police officer, means the date on and from which the police officer is covered in respect of death or disability arising from any such injury under an approved death and disability insurance policy.
(2) Except as provided by this section, a police officer who dies or is discharged from the NSW Police Force after the commencement of this Part is not entitled to any payments under the former death and disability award.
(3) If--
(a) immediately before the Bill for the Police Amendment (Death and Disability) Act 2011 was agreed to by both Houses of Parliament, a police officer had been unfit for duty because of a disability for a total period of at least 4 months during the previous 8 months and the NSW Police Force had received a report or certificate from the police officer's nominated treating medical practitioner indicating that--
(i) the police officer had reached maximum medical improvement, and
(ii) the police officer should be discharged from the NSW Police Force, and
(b) the police officer had not been discharged from the NSW Police Force before the commencement of this Part because of that disability,
the provisions of the former death and disability award relating to payments for temporary or partial incapacity continue to apply in respect of that disability of that police officer despite the rescission of the award.
Note : See subsection (8) for preservation of entitlements relating to death or permanent and total incapacity under insurance policies taken out pursuant to the award.
(4) A police officer--
(a) who suffers a disability arising from an injury before the new insurance policy commencement date, and
(b) who is not covered by the approved death and disability insurance policy (or by an insurance policy referred to in subsection (8)) in respect of that disability, and
(c) who is not entitled to a payment under subsection (3) in respect of that disability, and
(d) who would have been covered in respect of that disability under the former death and disability award, but for its rescission,
is entitled to be paid by the NSW Police Force in respect of that disability such amounts as are equivalent to the amounts that the police officer would have been paid under the approved death and disability insurance policy if that policy had covered the police officer.
(5) If on the commencement of this Part there is no approved death and disability insurance policy that provides income protection benefits to replace the benefits for partial and permanent disability under the former death and disability award, income protection benefits are to be paid to police officers (until there is such a policy) in accordance with the insurance proposal provided to First State Super by TAL Life Limited and tabled in the Legislative Council by or on behalf of the Minister for Police and Emergency Services during consideration by the Legislative Council of the Bill for the Police Amendment (Death and Disability) Act 2011 (subject to subsection (6)).
(6) On duty income protection rates under the insurance proposal referred to in subsection (5) are to be increased in accordance with adjustments to the insurance proposal that are tabled with the insurance proposal by or on behalf of the Minister for Police and Emergency Services.
(7) Despite the rescission of the former workers compensation top-up award provision, police officers in receipt of weekly compensation payments under the Workers Compensation Act 1987 on the commencement of this Part continue to be entitled to payments under that provision for a period of 9 months after the commencement of this Part.
(8) This section does not affect any entitlements under an insurance policy that has been taken out on behalf of police officers before the commencement of this Part.
Note : Existing insurance policies taken out with First State Super cover police officers for death and for total and permanent incapacity and will continue to apply until replaced by coverage under an approved death and disability insurance policy.
(9) The rescission of the former death and disability award does not affect any entitlement to payments under that award in relation to the death or discharge of a police officer from the NSW Police Force before the rescission of the former award.
(10) This section is subject to the regulations made under clause 2 of Schedule 4.