New South Wales Consolidated Acts

POLICE REGULATION (SUPERANNUATION) ACT 1906 - SECT 10C

10C Redemption of superannuation allowance granted to disabled member

(1) In this section, "prescribed part", in relation to an annual superannuation allowance granted under section 10 to a disabled member of the police force, means an amount, calculated on an annual basis, that, in the opinion of STC, would have been payable to the member:

(a) in the case of a member of the police force who is discharged-at the date of the member’s discharge, or

(b) in the case of a former member of the police force who resigned or retired-at the date of the member’s resignation or retirement,

by way of weekly payments of compensation under Division 2 of Part 3 of the Workers Compensation Act 1987 if the disabled worker were a person entitled to compensation under that Division in respect of a period of total incapacity for work occurring after the first 26 weeks of incapacity.

(1A) This section applies in the following cases to a liability of the Fund in respect of the prescribed part of any annual superannuation allowance granted under section 10 to a disabled member of the police force:

(a) in the case of an injury received before the commencement of the Police Regulation (Superannuation) (Workers Compensation) Amendment Act 1987 ,

(b) in the case of a disabled member of the police force who has reached 55 years of age (but only in respect of 40 per cent of the prescribed part of the annual superannuation allowance payable for a period of 5 years),

(c) in any case prescribed by the regulations and to the extent so prescribed,

(d) in the case of a particular disabled member of the police force approved by STC in special circumstances and to the extent so approved.

(2) A liability of the Fund to which this section applies may, with the consent of the disabled member, be commuted (either in whole or in part) to a lump sum payment, determined by STC, having regard to:

(a) the nature of the injury received by the disabled member,

(b) the age of the disabled member, and

(c) the diminished ability of the disabled member to compete in an open labour market.

(3) This section does not apply to the whole or part of a superannuation allowance that has been commuted under Division 3.