New South Wales Consolidated Acts

SUPERANNUATION ACT 1916 - SECT 29

29 Breakdown pensions

(1) Except as provided by subsections (2), (2A) and (3), if a contributor is retired on the ground of invalidity or physical or mental incapacity to perform the contributor’s duties, the contributor shall, subject to section 10AA (2), be entitled to the full pension for which the contributor was contributing as at the contributor’s exit day.

(2) If a contributor:

(a) being a person who became a contributor on or after 13 January 1978, or

(b) being a person who, immediately before 13 January 1978, was:

(i) a contributor accepted or treated as a contributor for limited benefits under this Act as then in force, or

(ii) a contributor accepted or treated as a contributor in the provisional category under this Act as then in force,

is retired on the ground of invalidity or physical or mental incapacity to perform the contributor’s duties and the number of years (disregarding any fraction of a year) comprising the period from the date when the contributor last became a contributor and the contributor’s exit day, after having subtracted from that period any period of retirement pursuant to section 22 in respect of which the contributor received a pension under this Act, is less than 10, the contributor shall be entitled to a pension, the amount of which shall be calculated in accordance with the formula:

"P" is the amount of the pension per fortnight,
"A" is the amount of pension per fortnight that would have been payable to the contributor under subsection (1) had the contributor been a person to whom that subsection applies,
"B" is the number of years (disregarding any fraction of a year) comprising the period from the date when the contributor last became a contributor to the contributor’s exit day, after having subtracted from that period any period of retirement pursuant to section 22 in respect of which the contributor received a pension under this Act, and
"C" is:

(a) the number of years (disregarding any fraction of a year) comprising the period from the date when the contributor last became a contributor to the last day of the contribution period preceding that in which the contributor would attain the maturity age, or

(b) 10,

whichever is the lesser.

(2AA) If STC has made a determination under section 61RA in respect of a pension payable under subsection (2), the amount of the pension is reduced by the amount specified in STC’s determination.

(2A) If:

(a) a person becomes a contributor within the period of one year ending on and including the last day of the contribution period preceding that in which the person would attain the maturity age,

(b) the person is retired on the ground of invalidity or physical or mental incapacity to perform the person’s duties, and

(c) the person’s exit day precedes the last day of the contribution period referred to in paragraph (a),

then:

(d) subsection (2) does not apply to that person, and

(e) the person shall be entitled to a pension equal to 80 per cent of the amount of pension that would have been payable to the contributor under subsection (1) had the person been a person to whom that subsection applies.

(2B) Subsection (2) does not apply to a contributor whose exit day is on or after the last day of the contribution period preceding that in which the contributor attains or would attain the maturity age.

(3) If, in respect of a contributor referred to in subsection (2) (b) (other than a contributor referred to in subsection (2) (b) (ii)), the amount of pension to which the contributor would have been entitled, had this Act not been amended by the Superannuation (Amendment) Act 1977 , is greater than the amount to which the contributor would otherwise be entitled under subsection (2), the contributor shall, notwithstanding subsection (2), be entitled to a pension of the greater amount.

(4) A contributor to whom this section applies shall be granted payment of pension only for such period at a time as STC determines and a fresh application shall, unless STC from time to time otherwise determines, be necessary before any further payment is made.

(4A) The period determined by STC as referred to in subsection (4) for the payment of pension to a person who:

(a) has not attained the maturity age-shall be such period (not exceeding 5 years) as STC thinks fit, having regard to the state of health of the person, and

(b) has attained the maturity age-may be for the remainder of the person’s life.

(5) Despite subsection (4A), STC may determine that the period for payment of a pension to a contributor to whom this section applies or a former contributor who is being paid a pension under this section, and who has attained the age of 55 years, is to be for the remainder of the person’s life.

(5A) STC may not make a determination under subsection (5), except on the election of the contributor or former contributor concerned.

(6) Contributions payable by or in respect of a contributor to whom this section applies cease to be payable on the first day of the contribution period during which the pension becomes payable.

(7) Schedule 17 has effect.

(8) A contributor who is a Magistrate and who ceases to hold office (whether before or after the commencement of this subsection) on the ground of invalidity or physical or mental incapacity to perform the Magistrate’s duties is entitled to a pension under this section as if the Magistrate had been retired by the Magistrate’s employer on that ground, if STC is satisfied as to the Magistrate’s invalidity or incapacity in accordance with section 22 (2).