Victorian Consolidated Legislation

Emergency Services Superannuation Act 1986 - SECT 20F

Disability of contributor or police recruit

20F. Disability of contributor or police recruit



(1) If a contributor who is an operational staff member terminates service
before the age of 55, or if the contributor is not an operational staff member
and terminates before the age of 60, and the contributor is suffering from
disability at the time of termination, the Board must pay to the contributor
an annual pension at a rate of 1/12th of the sum of-

   (a)  the lump sum which would have become payable under section 20E(1) if
        the contributor had died on the date of termination; and

   (b)  if the disability is the result of traumatic bodily injury suffered in
        the course of employment, the supplementary lump sum which would have
        become payable under section 20E(4) if the contributor had died on the
        date of termination.

(2) If a contributor who is an operational staff member terminates service at
or after the age of 55, or if the contributor is not an operational staff
member and terminates at or after the age of 60 and the contributor is
suffering from disability at the time of termination, the Board must pay to
the contributor a lump sum equal to the accrued benefit of the contributor at
the date of termination.





(3) The pension under subsection (1) is payable during the life of the former
contributor in fortnightly instalments of one twenty-sixth of the annual
pension.

(4) On the termination of the service of a police recruit because of
disability, the Board must pay to the police recruit, for a period determined
by the Board but not exceeding 12 months, an annual pension at the rate of
one-twelfth of the lump sum which would have become payable under section 20E
if the police recruit had died on the date of termination of services.

(5) At the end of a period determined by the Board for payment of a pension
the Board must, if the former police recruit is not gainfully employed-

   (a)  continue the pension for a further period determined by the Board but
        not exceeding 12 months; or

   (b)  continue the pension indefinitely.

(6) A pension under subsection (4) or (5) is payable in fortnightly
instalments of one twenty-sixth of the annual pension.

(7) The pension payable to any former police recruit must not exceed the
amount which, together with the amount of any periodic payments under the
Accident Compensation Act 1985 received by the former police recruit, equals
the current equivalent of salary on termination of service.

(8) On the death of a former contributor entitled to a pension under this
section before the age of 65 years, or on the death of a former police recruit
entitled to a pension under this section before the age of 55 years, the Board
must pay to the dependants or, if in the case of a former contributor there
are none, to the nominees or to other persons selected in accordance with
section 20E(5), an amount which is the greater of the accrued benefit and-

where-



"D" is the benefit which would have been payable if the former contributor or
former police recruit had died on the date of the termination of service and
if the salary of the former contributor or former police recruit had been the
current equivalent of the salary of the former contributor or former police
recruit on termination of service; and



"X" is the number of fortnightly instalments of pension received by the former
contributor or former police recruit.

(9) If on the death of a former contributor before age 60 any benefit payable
under subsection (8) is less than 4 times the current equivalent of the salary
on termination of service of the former contributor, the benefit must be
increased to the lesser of that amount and the benefit which would have been
payable if the former contributor had died on the date of the termination of
service and the salary of the former contributor had been the current
equivalent of the salary of the former contributor on termination of service.

(10) A former contributor receiving a pension under this section may-

   (a)  within the 3 months before the former contributor would attain the age
        of 60 years; or



   (b)  within the 3 months before the former contributor would attain the age
        of 65 years-

elect to cease to receive the pension as from the age of 60 or 65 years (as
the case requires) and to receive a benefit equal to the accrued benefit of
the former contributor.

(11) The Board may at any time require a former contributor or former police
recruit receiving a pension under this section to provide to the Board within
45 days of a request, any information relating to the state of health or
gainful employment of the former contributor or former police recruit as the
Board may require for the purposes of this section and if the former
contributor or former police recruit fails or refuses to provide the
information the Board may upon written notice to the former contributor or
former police recruit suspend or cancel the pension.

(12) Subject to subsection (17), if before a former contributor or former
police recruit receiving a pension under this section attains the age of 60
years the Board determines that the former contributor or police recruit is
gainfully employed, or is not, or is no longer, suffering from disability, the
Board may-

   (a)  reduce the pension to any level that the Board determines, having
        regard to the current equivalent of salary on termination of service,
        the remuneration the former contributor or former police recruit has
        derived from gainful employment, and the earning capacity of the
        former contributor or former police recruit; or

   (b)  suspend the pension; or

   (c)  cancel the pension.

(13) For the purposes of subsections (5), (11), (12) and (14) a person is to
be treated as being gainfully employed if the person is deriving income wholly
or partly from his or her personal exertions whether on his or her own
account, or delegation thereof, or under a contract of service or otherwise
during the period that the person has been receiving the pension.

(14) The Board may from time to time review a determination to reduce or
suspend benefits having regard to the current equivalent of salary on
termination of service, the income the former contributor or police recruit
has derived from gainful employment, and the earning capacity of the former
contributor or former police recruit, and may determine to-

   (a)  further reduce the pension; or

   (b)  suspend the pension; or

   (c)  cancel the pension; or

   (d)  increase the pension to an amount not exceeding the pension which
        would have been payable if no previous determination had been made.

(15) A determination to reduce, suspend or cancel a pension does not take
effect for a period of 3 months from the date of determination during which
period the former contributor or former police recruit may appeal to the Board
against the determination.

(16) If the Board confirms the determination on appeal, the reduction,
suspension or cancellation of pension will apply 3 months after the original
determination was made or on the pension pay day following determination of
the appeal, whichever is the later.

(17) If a former contributor or former police recruit receiving a pension
under this section is again employed by an employer, the pension must be
suspended but the Board may agree to pay to the contributor or police recruit
an amount up to the excess (if any) of the current equivalent of salary on
termination of service over the salary payable to the contributor or police
recruit because the person is unable to perform the previous duties due to the
state of his or her health.

(18) The Board may agree to pay to a transferred officer an amount not
exceeding any fortnightly payments which the transferred officer was receiving
from a prior fund.

(19) If the Board cancels a pension under subsection (11), (12) or (14), the
Board must pay-

   (a)  to a former contributor, a benefit equal to the accrued benefit of the
        former contributor; or

   (b)  to a former police recruit, a benefit equal to his or her member's
        account balance.

(20) The Board may make the payment of any pension to a former police recruit
conditional on the former police recruit undertaking, at the expense of the
Board, a nominated course of training or education.

(21) Upon acceptance of a payment under subsection (8), (9) or (10), the Board
is released from any liability to make any further payment to, or in respect
of, any entitlements of the deceased pensioner or former contributor and this
Act ceases to apply.