New South Wales Consolidated Acts

SUPERANNUATION ACT 1916 - SECT 52E

52E Disability pension

(1) A person referred to in section 52A (1) who has not received any other benefit under this Division and who applies to STC to receive a pension under this section is entitled to receive that pension:

(a) on receipt by STC of the application, or

(b) on STC’s being satisfied, after taking into account any medical opinion that it considers to be relevant, that the person is physically or mentally incapable of performing the duties of any employment that, in the opinion of STC, it would be reasonable for the person to undertake,

whichever is the later.

(2) The pension which a person is entitled to receive under this section is a pension of an amount per fortnight equivalent to the sum of:

(a) the employee-contributed pension component calculated in relation to the person, and

(b) the employer-financed pension component calculated in relation to the person and as adjusted by the operation (if any) of section 52B.

(3) A person 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.

(4) The period determined by STC as referred to in subsection (3) for the payment of pension to a person:

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

(4A) Despite subsection (4), STC may determine that the period for payment of a pension to a person to whom this section applies or a person 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.

(4B) STC may not make a determination under subsection (4A), except at the election of the person concerned.

(4C) Subsections (5)-(7) do not apply to a person the subject of a determination under subsection (4A).

(5) A person receiving a pension under this section shall submit to a medical examination as and when required by STC and, if the person defaults in complying with any such requirement, pension shall cease to be payable to the person during the default.

(6) A pension payable under this section shall cease to be payable to a person on STC’s ceasing to be satisfied as referred to in subsection (1) (b) in relation to the person.

(7) Where a pension under this section ceases to be payable to a person, the person shall, for the purposes of this Division, be deemed not to have received a benefit under this Division.

(8) Except as provided by this section, this Act applies to and in respect of a person who is entitled to a pension under this section in the same way as it applies to and in respect of a person entitled to a pension under section 29 and so applies as if the pension payable under this section were a pension payable under that section.