Victorian Consolidated Legislation

Police Regulation Act 1958 - SECT 46B

Amount of pension payable to pensioner

46B. Amount of pension payable to pensioner



(1) Notwithstanding any other provision of this Act the pension payable to any
pensioner who is employed in the service of the Crown shall be reduced by the
amount by which five-sevenths of the amount of his pension together with the
remuneration he receives from his employment in the service of the Crown
exceed the current equivalent of his salary on retirement.

(2) In this section-

current equivalent of the salary on retirement in relation to a pensioner
means such salary as applies from time to time to the rank which the pensioner
held on the day prior to his retirement, but, in the case of a pensioner who
retired before the coming into operation of section 2 of the Police Regulation
(Amendment) (No. 2) Act 1971 and on the day prior to such retirement held the
rank of-

   (a)  superintendent, grade I-means such salary as applies from time to time
        to the rank of chief superintendent;

   (b)  superintendent, grade II-means such salary as applies from time to
        time to the rank of superintendent;

   (c)  inspector, grade I-means such salary as applies from time to time to
        the rank of inspector;

   (d)  inspector, grade II-means such salary as applies from time to time to
        the rank of inspector;

   (e)  sergeant-means such salary as applies from time to time to the rank of
        senior sergeant;

   (f)  senior constable-means such salary as applies from time to time to the
        rank of sergeant;

   (g)  first constable-means such salary as applies from time to time to the
        rank of senior constable;

employed in the service of the Crown in relation to a pensioner means a person
employed under a contract of service-

   (a)  by the Crown whether employed pursuant to the
        Public Administration Act 2004, Part 2.4 of the
        Education and Training Reform Act 2006 or otherwise; or

   (b)  by any public statutory authority constituted under the law of the
        State-

whether the contract relates to permanent temporary casual full-time part-time
or other type of employment.

(3) This section does not apply to the payment of a pension to a pensioner-

   (a)  who is in receipt of a pension under this Act as a widow of a member
        of the force or a pensioner;

   (b)  who being a pensioner became employed in the service of the Crown
        prior to the commencement of section 6 of the Superannuation
        (Amendment) Act 1969.

Approved service