South Australian Consolidated Acts

SUPERANNUATION ACT 1988 - SECT 36

36—Temporary disability pension

        (1)         Subject to this section, a contributor—

            (a)         who is temporarily or permanently incapacitated for work but whose employment has not been terminated on that ground; and

            (b)         who has not reached the age of retirement,

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 the pension is calculated as follows:

Where—

"P" is the amount of the pension (expressed as an amount per fortnight)

"A" is the lesser of the following:

            (a)         unity;

            (b)         the numerical value obtained by dividing the number of the contributor's extrapolated superannuation points by—

                  (i)         in the case of a contributor who was accepted as a contributor under the repealed Act before reaching the age of 30 years—the number of months between the contributor's age as at the date of acceptance and the age of retirement;

                  (ii)         in any other case—360.

"FS" is the contributor's actual or attributed salary (expressed as an amount per fortnight) immediately before the pension becomes payable.

        (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 will be credited with contribution points and contribution months in respect of any such period as if the contributor were contributing at the standard contribution rate in respect of that period.