South Australian Consolidated Regulations

POLICE SUPERANNUATION REGULATIONS 2002 - REG 6

6—Right to apply for commutation

        (1)         A contributor who is entitled to a retirement pension or who is in receipt of an invalidity pension or a retrenchment pension and who has reached the age of 55 years may apply to the Board for commutation of part of the pension in accordance with this regulation.

        (2)         The spouse of a deceased contributor who is entitled to a pension may apply to the Board for commutation of part of the pension in accordance with this regulation.

        (3)         Subject to subregulation (4), an application for commutation of a retirement pension must be made within 3 months after retirement and an application for commutation of an invalidity pension or a retrenchment pension must be made within 3 months after the pensioner reaches the age of 55 years.

        (4)         Where a contributor is unable to apply for commutation of a pension in accordance with subregulation (3) because the pension is suspended, he or she may apply for commutation of the pension within 3 months after the pension ceases to be suspended.

        (5)         Where—

            (a)         part only of an invalidity pension or a retrenchment pension is available to a contributor because the pension is reduced under section 40 of the Act; and

            (b)         the contributor has commuted the whole, or a part, of that part of the pension,

the contributor may, in accordance with this Part, within 3 months after he or she reaches the age of 60 years, commute the whole or a part of the part of the pension previously denied to him or her because of the reduction.

        (6)         Subject to subregulation (7), an application for commutation of a pension payable to a spouse must be made within 6 months after the death of the contributor.

        (7)         Where a spouse of a contributor is unable to apply for commutation of his or her pension in accordance with subregulation (6) because the pension is suspended, he or she may apply for commutation of the pension within 3 months after the pension ceases to be suspended.

        (8)         Where—

            (a)         part only of a pension is available to the spouse of a contributor because the pension is reduced under section 40 of the Act; and

            (b)         the spouse has commuted the whole, or a part, of that part of the pension,

the spouse may within 3 months after he or she first becomes entitled to the other part of the pension commute the whole or a part of it in accordance with this Part.

        (9)         A contributor who is entitled to an invalidity pension may apply to the Board within 3 months after termination of employment for commutation of 10 per cent or less of the pension.

        (10)         An application under subregulation (9) does not prejudice the right of the contributor to apply for a further commutation under subregulation (1) upon reaching the age of 55 years.

        (11)         The Board may extend the time within which a person may apply for commutation of a pension if, in the Board's opinion, the person was not at fault in failing to apply within the time prescribed by this regulation.

        (12)         The Board must commute the pension within 1 month after receiving the application and must pay the lump sum within 14 days after commutation.