New South Wales Consolidated Acts

POLICE REGULATION (SUPERANNUATION) ACT 1906 - SECT 10

10 Superannuation allowance where member hurt on duty

(1) In this section:
"attributed salary of office" means:

(a) in relation to a member of the police force who is discharged-the member’s attributed salary of office at the date of the member’s discharge, or

(b) in relation to a former member of the police force who resigned or retired-the member’s attributed salary of office at the date of the member’s resignation or retirement.

"disabled member of the police force" means:

(a) a member of the police force who is discharged after being certified, pursuant to section 10B (1), to be incapable, from a specified infirmity of body or mind, of personally exercising the functions of a police officer referred to in section 14 (1) of the Police Act 1990 , or

(b) a former member of the police force who resigned or retired and who, according to a certificate given pursuant to section 10B (2) at any time after the member’s resignation or retirement, was incapable, from an infirmity of body or mind, of personally exercising the functions of a police officer referred to in section 14 (1) of the Police Act 1990 at the time of the member’s resignation or retirement,

that infirmity being determined, pursuant to section 10B (3) or on appeal, to have been caused by the member being hurt on duty or the former member having been hurt on duty when he or she was a member of the police force, as the case may be.
"retired" includes discharged as referred to in section 7 or 14.

(1A) Subject to this section, the annual superannuation allowance for a disabled member of the police force is:

(a) an amount that is equal to 72.75 per cent of the member’s attributed salary of office,

(b) except where paragraph (c) applies, an additional amount that is:

(i) not more than 12.25 per cent of the member’s attributed salary of office, and

(ii) commensurate, in the opinion of STC, with the member’s incapacity for work outside the police force, and

(c) if the disabled member is totally incapacitated for work outside the police force and, in the opinion of STC, the member was hurt on duty because the member was required to be exposed to risks to which members of the general workforce would normally not be required to be exposed in the course of their employment, an additional amount that is:

(i) not less than 12.25 per cent and not more than 27.25 per cent of the member’s attributed salary of office, and

(ii) commensurate, in the opinion of STC, with the risks to which the member was so required to be exposed,

multiplied by the equivalent service ratio of the member as at the date of the member’s discharge, resignation or retirement.

(1AA) If STC has made a determination under section 14AA in relation to an annual superannuation allowance payable under this section, the amount of the allowance is reduced by the amount specified in STC’s determination.

(1B) An annual superannuation allowance may be granted under this section to a disabled member of the police force whatever the member’s length of service.

(1BA) A superannuation allowance referred to in subsection (1A) or an additional amount of a superannuation allowance referred to in subsection (1D) is not payable to a disabled member of the police force unless an application for payment of the allowance or additional amount concerned is made:

(a) before the member reaches the age of 60 years, or

(b) not later than 5 years after the member resigns or retires,

whichever is the later.

(1C) Where a former member of the police force who resigned or retired is granted an annual superannuation allowance under this section, the allowance shall, at the time it first becomes payable, be increased or reduced, as the case may require, by the total amount (if any) that it would have been increased or reduced under Division 2 or any other provision of this Act if it had been granted when the former member resigned or retired.

(1D) STC may:

(a) make a determination at any time of an additional amount of a superannuation allowance under this section, and

(b) vary any such determination at any time,

and may direct that the determination or variation take effect from such date as STC considers appropriate.

(2) An annual superannuation allowance under this section shall not be payable to a former member of the police force who:

(a) wholly commuted under Division 3 a superannuation allowance that previously became payable to the former member under this Act, or

(b) has been paid a disengagement benefit under section 8A.

(3) If a superannuation allowance payable to a former member of the police force was partially commuted under Division 3, the allowance payable under subsection (1A) in respect of the member is to be reduced by the proportion that the commuted part of the superannuation allowance bears to the whole of the superannuation allowance.