South Australian Consolidated Acts

SUPERANNUATION ACT 1988 - SECT 30

30—Disability pension

        (1)         Subject to this section, a contributor who is temporarily or permanently incapacitated for work, and has not reached the age of 55 years, is entitled to a disability pension.

        (2)         A contributor who becomes incapacitated for work in a particular position will not be regarded as incapacitated for work for the purposes of this section if some other position, carrying a salary of at least 80 per cent of the salary applicable to the former position, is available to the contributor and the contributor could reasonably be expected to take that other position.

        (3)         A disability pension is not payable in respect of—

            (a)         a period in respect of which the contributor is entitled to sick leave; or

            (b)         a period in respect of which the contributor is entitled to weekly payments of workers compensation; or

            (c)         a period for which the contributor is on recreation leave or long service leave.

        (4)         The Board will not pay a disability pension in respect of a period of incapacity of less than one week and may decline to pay a disability pension if it appears that the duration of the incapacity is likely to be less than six months.

        (5)         The amount of a disability pension will be two-thirds of the contributor's notional salary.

        (6)         A disability pension cannot be paid for a continuous period of more than 12 months unless the Board thinks that there are special reasons for extending that limit, in which case it may extend the pension period by not more than a further 6 months.

        (7)         A disability pension cannot be paid, in respect of the same incapacity, for an aggregate period of more than 18 months in any one period of 36 months.

        (8)         A contributor is not required to make any contribution over a period for which the contributor receives a disability pension but if the contributor was an active contributor immediately before the commencement of the pension period, the employer component of any superannuation payment that is subsequently made to, or in relation to, the contributor will be calculated as if the contributor had continued as an active contributor over the pension period and had continued to contribute at the rate applicable immediately before the commencement of that period.