South Australian Consolidated Acts

SUPERANNUATION ACT 1988 - SECT 42

42—Suspension of pension if pensioner declines appropriate employment

        (1)         If appropriate employment is offered, at the request of the Minister, to an invalid or retrenchment pensioner who has not reached the age of retirement, the following provisions apply:

            (a)         if the pensioner accepts the offer and returns to employment—the pension will terminate but the former pensioner will be credited with contribution points and contribution months as if he or she had continued in employment and contributed at the standard contribution rate over the period of absence from employment;

            (b)         if the pensioner does not accept the offer—the Board may suspend the pension until the pensioner reaches the age of retirement.

        (2)         In determining whether a particular form of employment is appropriate to a particular pensioner, the following factors will be taken into account—

            (a)         the pensioner's qualifications;

            (b)         the pensioner's previous employment;

            (c)         the pensioner's state of health;

            (d)         the place at which the employment is available.

        (3)         Employment will not be regarded as appropriate to a particular pensioner if the rate of salary applicable to the employment (expressed as an hourly rate) is less than 80 per cent of the rate of the pensioner's notional salary (expressed as an hourly rate).