New South Wales Consolidated Acts

PARLIAMENTARY CONTRIBUTORY SUPERANNUATION ACT 1971 - SECT 22

22 Pension on retirement on grounds of ill-health

(1) Where a member produces to the trustees such medical and other evidence as satisfies them that he or she has ceased to be a member because he or she has been rendered incapable of performing the duties of a member by reason of ill-health or physical or mental incapacity, he or she shall if he or she is not entitled to a pension under this Part other than this section, be entitled to a pension calculated in accordance with the formula specified in subsection (1) of section 19.

(1A) The medical evidence referred to in subsection (1) must include a certificate or certificates acceptable to the trustees, signed by 2 medical practitioners, certifying that the member is incapable of performing the duties of a member due to ill-health or physical or mental incapacity.

(2) Notwithstanding the provisions of subsection (1), a person who, after the commencement of this Act, becomes, on any occasion, a member otherwise than by reason of his or her re-election at a general election immediately before which he or she was a member shall not be entitled to a pension under that subsection upon his or her next ceasing after that occasion to be a member unless between that occasion and his or her so next ceasing to be a member he or she has furnished to the trustees a certificate approved by the trustees of a medical practitioner so approved certifying that a medical practitioner authorised by the trustees for the purposes of this subsection has reported to the medical practitioner so approved that the medical practitioner so authorised has examined that person in accordance with the requirements of the trustees and that the medical practitioner so approved is satisfied that that person is not suffering from any physical or mental condition that is likely to render him or her incapable, before the expiration of 7 years from the date of the certificate, of performing the duties of a member.

(3) If the trustees have made a determination under section 26D in relation to a benefit provided by this section, the amount of the benefit is reduced by the amount specified in the trustees’ determination.