8ADisengagement benefit for members aged between 45–55

#### 8A Disengagement benefit for members aged between 45–55 8A Disengagement benefit for members aged between 45–55 > > (1) The Commissioner of Police may, if the Commissioner considers that it is in the interests of the police force to do so, offer a disengagement benefit under this section to any class of members of the police force (or any particular members of the police force). > > > (2) A member of the police force is not eligible for a disengagement benefit under this section unless the member— > > > > > (a) is of or over 45 years of age but less than 55 years of age, and > > > > > (b) has served as a member of the police force for at least 20 years of equivalent full-time service. > > > (3) A disengagement benefit under this section is payable as follows— > > > > > (a) the portion of the benefit that is equal to the amount of the employer-financed benefit that would be payable under section 15 is payable from the Fund, > > > > > (b) the portion of the benefit that is equal to the amount that would be payable if the member had resigned and was paid a benefit under section 17 is payable from the Fund, > > > > > (c) the remainder of the benefit is payable by the Commissioner of Police and is not payable from the Fund. > > > (4) A member of the police force who accepts an offer of a disengagement benefit under this section shall be retired from the police force by the Commissioner of Police in accordance with the terms of the offer. > > > (5) The disengagement benefit under this section is a gratuity calculated in accordance with the following formula— > > > > %20AND%20(No%3D028)%20AND%20(Year%3D1906)%20AND%20(%22Historical%20Document%22%3D0))/g6.gif) > > where— > > > > L represents the gratuity payable. > > > > E represents the lump sum that would have been payable if the member had continued as a member of the police force until the age of 55 years at the same attributed salary of office, and had always worked as a full-time member of the police force and had wholly commuted the superannuation allowance otherwise payable to the member. > > > > S represents the total number of months of both full-time and part-time service that has been completed by the member. > > > > P represents the number of additional months of full-time service that the member would have completed if the member had continued as a full-time member of the police force until the age of 55 years. > > > > A represents the age in years of the member (including fractions of a year on a completed months’ basis) at the date of retirement. > > > > ESR represents the equivalent service ratio of the member as at the date of the member’s retirement. > > > (6) For the purposes of S in the formula in subsection (5), if the total number of months of both full-time and part-time service is not a whole number of months, any part of a month is to be disregarded. > > > (6A) For the purposes of P in the formula in subsection (5), a part of a month of full-time service is to be disregarded. > > > (7) The acceptance of an offer under this section must be in writing in accordance with the terms of the offer. > > > (8) This section does not apply to a contributor who is an executive officer (including the Commissioner of Police). > > > (9) Nothing in this section prevents a member of the police force who is offered a disengagement benefit from electing instead to make provision for the benefit provided by section 9B (Preserved benefit). > > > (10) If STC has made a determination under section 14AA in relation to a benefit under this section, the amount of the benefit is reduced by the amount specified in the determination. > > **s 8A:** Ins 1987 No 220, Sch 3 (2). Am 1990 No 48, Sch 2; 1993 No 111, Sch 2 (5); 1997 No 149, Sch 1.3 \[6\]; 1998 No 72, Sch 1.2 \[16\]–\[23\]; 1999 No 86, Sch 1.3 \[12\]; 2002 No 111, Sch 2 \[1\] \[2\]; 2006 No 53, Sch 1.2 \[3\].