20FDisability of contributor or police recruit

20F Disability of contributor or police recruit (1) If a contributor who is an operational staff member terminates service before the age of 55, or if the contributor is not an operational staff member and terminates before the age of 60, and the contributor is suffering from disability at the time of termination, the Board must pay to the contributor an annual pension at a rate of 1/12th of the sum of— (a) the lump sum which would have become payable under section 20E(1) if the contributor had died on the date of termination; and (b) if the disability is the result of traumatic bodily injury suffered in the course of employment, the supplementary lump sum which would have become payable under section 20E(4) if the contributor had died on the date of termination. S. 20F(2) amended by No. 84/1998 s. 4(2). (2) If a contributor who is an operational staff member terminates service at or after the age of 55, or if the contributor is not an operational staff member and terminates at or after the age of 60 and the contributor is suffering from disability at the time of termination, the Board must pay to the contributor a lump sum equal to the accrued benefit of the contributor at the date of termination. (3) The pension under subsection (1) is payable during the life of the former contributor in fortnightly instalments of one twenty-sixth of the annual pension. (4) On the termination of the service of a police recruit because of disability, the Board must pay to the police recruit, for a period determined by the Board but not exceeding 12 months, an annual pension at the rate of one-twelfth of the lump sum which would have become payable under section 20E if the police recruit had died on the date of termination of services. (5) At the end of a period determined by the Board for payment of a pension the Board must, if the former police recruit is not gainfully employed— (a) continue the pension for a further period determined by the Board but not exceeding 12 months; or (b) continue the pension indefinitely. (6) A pension under subsection (4) or (5) is payable in fortnightly instalments of one twenty-sixth of the annual pension. S. 20F(7) amended by No. 67/2013 s. 649(Sch. 9 item 15(3)). (7) The pension payable to any former police recruit must not exceed the amount which, together with the amount of any periodic payments under the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act 2013** received by the former police recruit, equals the current equivalent of salary on termination of service. (8) On the death of a former contributor entitled to a pension under this section before the age of 65 years, or on the death of a former police recruit entitled to a pension under this section before the age of 55 years, the Board must pay to the dependants or, if in the case of a former contributor there are none, to the nominees or to other persons selected in accordance with section 20E(5), an amount which is the greater of the accrued benefit and— **D** is the benefit which would have been payable if the former contributor or former police recruit had died on the date of the termination of service and if the salary of the former contributor or former police recruit had been the current equivalent of the salary of the former contributor or former police recruit on termination of service; and **X** is the number of fortnightly instalments of pension received by the former contributor or former police recruit. (9) If on the death of a former contributor before age 60 any benefit payable under subsection (8) is less than 4 times the current equivalent of the salary on termination of service of the former contributor, the benefit must be increased to the lesser of that amount and the benefit which would have been payable if the former contributor had died on the date of the termination of service and the salary of the former contributor had been the current equivalent of the salary of the former contributor on termination of service. 1. A former contributor receiving a pension under this section may— (a) within the 3 months before the former contributor would attain the age of 60 years; or (b) within the 3 months before the former contributor would attain the age of 65 years— elect to cease to receive the pension as from the age of 60 or 65 years (as the case requires) and to receive a benefit equal to the accrued benefit of the former contributor. S. 20F(11) amended by No. 50/1997 s. 18(1). (11) The Board may at any time require a former contributor or former police recruit receiving a pension under this section to provide to the Board within 45 days of a request, any information relating to the state of health or gainful employment of the former contributor or former police recruit as the Board may require for the purposes of this section and if the former contributor or former police recruit fails or refuses to provide the information the Board may upon written notice to the former contributor or former police recruit suspend or cancel the pension. (12) Subject to subsection (17), if before a former contributor or former police recruit receiving a pension under this section attains the age of 60 years the Board determines that the former contributor or police recruit is gainfully employed, or is not, or is no longer, suffering from disability, the Board may— (a) reduce the pension to any level that the Board determines, having regard to the current equivalent of salary on termination of service, the remuneration the former contributor or former police recruit has derived from gainful employment, and the earning capacity of the former contributor or former police recruit; or (b) suspend the pension; or (c) cancel the pension. (13) For the purposes of subsections (5), (11), (12) and (14) a person is to be treated as being gainfully employed if the person is deriving income wholly or partly from his or her personal exertions whether on his or her own account, or delegation thereof, or under a contract of service or otherwise during the period that the person has been receiving the pension. (14) The Board may from time to time review a determination to reduce or suspend benefits having regard to the current equivalent of salary on termination of service, the income the former contributor or police recruit has derived from gainful employment, and the earning capacity of the former contributor or former police recruit, and may determine to— (a) further reduce the pension; or (b) suspend the pension; or (c) cancel the pension; or (d) increase the pension to an amount not exceeding the pension which would have been payable if no previous determination had been made. (15) A determination to reduce, suspend or cancel a pension does not take effect for a period of 3 months from the date of determination during which period the former contributor or former police recruit may appeal to the Board against the determination. (16) If the Board confirms the determination on appeal, the reduction, suspension or cancellation of pension will apply 3 months after the original determination was made or on the pension pay day following determination of the appeal, whichever is the later. (17) If a former contributor or former police recruit receiving a pension under this section is again employed by an employer, the pension must be suspended but the Board may agree to pay to the contributor or police recruit an amount up to the excess (if any) of the current equivalent of salary on termination of service over the salary payable to the contributor or police recruit because the person is unable to perform the previous duties due to the state of his or her health. (18) The Board may agree to pay to a transferred officer an amount not exceeding any fortnightly payments which the transferred officer was receiving from a prior fund. (19) If the Board cancels a pension under subsection (11), (12) or (14), the Board must pay— (a) to a former contributor, a benefit equal to the accrued benefit of the former contributor; or (b) to a former police recruit, a benefit equal to his or her member's account balance. (20) The Board may make the payment of any pension to a former police recruit conditional on the former police recruit undertaking, at the expense of the Board, a nominated course of training or education. (21) Upon acceptance of a payment under subsection (8), (9) or (10), the Board is released from any liability to make any further payment to, or in respect of, any entitlements of the deceased pensioner or former contributor and this Act ceases to apply. S. 20F(22) inserted by No. 38/2009 s. 10. (22) This section applies to a protective services officer who was a contributor before section 3 of the **Superannuation Legislation Amendment Act 2009** comes into operation as if he or she continued not to be an operational staff member after that commencement. S. 20F(23) inserted by No. 61/2013 s. 8. (23) Despite anything to the contrary in this section, a former contributor or former police recruit may at any time within the period of 6 years from the date on which they ceased employment apply to the Board for the payment of a benefit under this section on the ground that they were suffering from disability at the time they ceased employment irrespective of whether the former contributor or former police recruit had made a statement under section 20K(1) at the time that they ceased employment. S. 20F(24) inserted by No. 61/2013 s. 8. (24) For the purposes of subsection (23), a reference in this section to the contributor terminating service is to be construed as a reference to the contributor ceasing employment. S. 20G inserted by No. 82/1996 s. 10.