South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
(1) Subject to this
section, a member who—
(a) is
temporarily or permanently incapacitated for work; and
(b) is
no longer engaged in work in respect of employment to which this Act applies
on account of the incapacity; and
(c) has
not reached the age of 60 years,
is entitled to a disability pension.
(1a) An application
for a disability pension must be made within 6 months of the day on which
the member ceases to be engaged in work in respect of
employment to which this Act applies.
(2) The amount of a
disability pension will be 75 per cent of the member's notional salary.
(3) A member 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 member and the member could
reasonably be expected to take that other position.
(4) Subject to
subsection (5), a member is only entitled to a pension if—
(a) for
a period of at least 12 months immediately before the commencement of the
incapacity—
(i)
the member made contributions from his or her salary
under section 25; or
(ii)
in the case of a member whose charge percentage is
determined in a contract of employment negotiated between the member and his
or her employer—the charge percentage was greater than the
charge percentage or percentages fixed by Schedule 1 for that period; or
(iii)
the member's employer was required to pay, or arrange for
the payment of, amounts to the Treasurer under section 26(1a) in respect
of the member; or
(iv)
the circumstances referred to in 2 or all of
subparagraphs (i), (ii) and (iii) applied at the same time or at
different times throughout that period; or
(b) the
member is entitled to a pension under subsection (4a).
(4a) A member is
entitled to a pension under this subsection in respect of an incapacity for
work if—
(a) the
member does not qualify under 1 of the circumstances referred to in
subsection (4)(a)(i), (ii) or (iii); but
(b) the
member is, at the time of the occurrence of the incapacity, paying premiums to
the Board for the purposes of obtaining a benefit under this section in the
event of an incapacity for work.
(4b) The following
provisions apply in connection with subsection (4a):
(a) a
member within the ambit of subsection (4a)(a) may apply to the Board, in
a form approved by the Board, to pay premiums for the purposes of this
section;
(b)
the Board must, in order to assess the application, require the member to
provide information about his or her health and the status of any medical
condition or disability;
(c) if
it appears to the Board that a member's state of health is such as to create a
risk of incapacity for work, the Board may refuse the application or may grant
it on conditions (including conditions that reduce the amount of a pension
that would otherwise be payable in the event of an incapacity for work);
(d) the
amount of any premium will be fixed by the Board;
(e) a
member who is paying premiums may, by notice in writing to the Board, elect to
cease paying those premiums for the purposes of subsection (4a)(b) (and
thus to cease to come within the ambit of this section).
(4c) An election under
subsection (4b)(e) will take effect from a date determined by the Board.
(5)
Subsection (4) does not apply to a member if—
(a) the
incapacity was caused by accidental injury and, when the incapacity
occurred—
(i)
the member was making contributions from his or her
salary under section 25; or
(ii)
in the case of a member whose charge percentage is
determined in a contract of employment negotiated between the member and his
or her employer—the charge percentage was greater than the
charge percentage applicable under Schedule 1 at that time; or
(iii)
the member's employer was required to pay, or arrange for
the payment of, amounts to the Treasurer under section 26(1a) in respect
of the member; or
(b) when
the incapacity occurred the member was entitled to voluntary invalidity/death
insurance granted by the Board under section 22 or by virtue of being a
police member and—
(i)
was making contributions from his or her salary under
section 25; or
(ii)
in the case of a member whose charge percentage is
determined in a contract of employment negotiated between the member and his
or her employer—the charge percentage was greater than the
charge percentage applicable under Schedule 1 at that time; or
(iii)
the member's employer was required to pay, or arrange for
the payment of, amounts to the Treasurer under section 26(1a) in respect
of the member.
(6) However, a member
will not be entitled to a pension by reason of subsection (5)(b) if he or
she would not have been entitled to, or would have been entitled to reduced,
voluntary invalidity/death insurance benefits (because of conditions placed by
the Board when it granted the voluntary insurance).
(7) A disability
pension is not payable in respect of—
(a) the
period of 30 days following the day on which the member ceases work on
account of the disability; or
(b) a
period in respect of which the member is entitled to weekly payments of
workers compensation; or
(c) a
period for which the member is on recreation leave or long service leave.
(8) The Board will not
authorise the payment of a disability pension in respect of a period of
incapacity of less than one week and may decline to authorise a disability
pension if it appears that the duration of the incapacity is likely to be less
than six months.
(9) A disability
pension cannot be paid for a continuous period of more than 18 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.
(10) A disability
pension cannot be paid, in respect of the same incapacity, for an aggregate
period of more than 24 months in any 1 period of 48 months.
(11) A member is not
required to make any contribution over a period for which the member receives
a disability pension.
(12) A right to a
disability pension under this section cannot be assigned.
(13)
Subsection (12) does not prevent the making of a garnishee order in
relation to a pension.
(14) The following are
not entitled to a disability pension under this section under any
circumstances:
(a) a
spouse member, unless the spouse member is also a member of the scheme;
(b) a
person prescribed, or of a class prescribed, by the regulations for the
purposes of this subsection.
(15) If a member
who—
(a) is
employed on a casual basis; or
(b)
satisfies the Board—
(i)
that the majority of his or her income is derived from
employment to which this Act does not apply; or
(ii)
that he or she is covered by an insurance policy that
provides income protection entitlements superior to the entitlements provided
under this section,
applies successfully to the Board to be exempted from the ambit of this
section, the member is not entitled to a disability pension under this
section.
(16) If a member
previously exempted from the ambit of this section under subsection (15)
applies successfully to the Board to be brought within the ambit of this
section, the member is entitled, subject to this section, to a disability
pension under this section.
(17)
Subsection (4b)(b) and (c) apply in relation to an application under
subsection (16).
(18) The Board must
specify the date on which an exemption under subsection (15), or the
cessation of an exemption under subsection (16), will take effect.
(19) An application
under subsection (15) or (16) must be made in a manner approved by
the Board.
(20) If a person who
is a member of the scheme by virtue of section 14(4) becomes entitled to
a benefit under this section, the person is not entitled to a benefit under
section 30 or 36 of the Superannuation Act 1988 .
(21) Despite
subsection (1), a member may receive a disability pension under this
section while engaged in remunerative activities if the Board is satisfied
that the member is engaged in the activities for the purposes of a
rehabilitation or return to work arrangement.
(22) However, if at
any time during a financial year a member who is receiving or would, but for
this subsection, be entitled to receive, a pension under this section is also
receiving income from remunerative activities, the pension will be reduced by
the amount by which the pension and income exceed, when aggregated, the amount
that the member would be entitled to receive if he or she were in receipt of
his or her notional salary and if those payments equal or exceed that amount,
the pension will be suspended.
(23) The Board must
consult with the Police Superannuation Board before authorising the payment of
a disability pension to a police officer.