South Australian Consolidated Acts

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SUPERANNUATION ACT 1988 - SECT 42A

42A—Offer of lump sum to certain invalid pensioners

        (1)         If—

            (a)         the Board is satisfied on the advice of two medical practitioners that an invalid pensioner who has not reached the age of retirement is fit to be employed in full time or part time employment; but

            (b)         appropriate employment has not been offered to the pensioner under section 42,

the Board may offer to pay a lump sum to the pensioner instead of his or her pension.

        (2)         The amount of the lump sum will be the greater of the following:

            (a)         an amount equivalent to the amount that would be produced by commutation of the whole of a pension calculated as follows:

1988.37.un39.jpg

Where—

"P" is the pension

"P" "1" is the pension to which the pensioner was entitled immediately before the payment of the lump sum (expressed as an annual amount)

"M" is the number of complete months between the time when the lump sum is paid and when the pensioner would reach the age of retirement;

            (b)         an amount equivalent to three times the amount of the pensioner's annual pension immediately before the lump sum is paid.

        (3)         For the purposes of the commutation referred to in subsection (2)—

            (a)         the commutation factors applicable on the commutation of a retirement pension will be used; and

            (b)         the contributor's age will be taken to be his or her age when the lump sum is paid or 55 years whichever is the greater.

        (4)         If the pensioner accepts the Board's offer under subsection (1), the pensioner's right to future payments of the pension and all derivative rights cease on payment of the lump sum.



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