Public Sector Superannuation Reform Regulations 2017
183Temporary incapacity pension
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183 Temporary incapacity pension
(1) If –
(a) a member is, because of injury or illness, absent from the employment of the Tasmania Fire Service for a continuous period of 3 months before the normal retirement date; and
(b) the provider to the Commission of Group Salary Continuance or similar insurance is satisfied that the member is suffering a temporary incapacity –
the Commission must, subject to subregulation (2) , pay to or in respect of the member an annual income equal to 75% of the member’s salary.
(2) The amount of the annual income for the purposes of subregulation (1) must be reduced by any amount (expressed as annual amounts) received by the member independently of the SFCS Scheme –
(a) as periodic income from the State Fire Commission; or
(b) under an award; or
(c) as periodic income from any personal sickness and accident policy; or
(d) as periodic compensation under any Act of the State or the Commonwealth, or instrument under such an Act, whether as workers’ compensation, accident compensation, social service payment or otherwise –
which, in the opinion of the Commission, relates to reduced income-earning capacity of the member arising from the inability of the member to work by reason of injury or illness and which relates to the period in respect of which a payment is made under subregulation (5) .
(3) If a member is absent from the employment of the Tasmania Fire Service by reason of illness or injury for a continuous period of 3 months before the normal retirement date in circumstances to which subregulation (1) does not apply, the Commission may, in its absolute discretion, if, after consideration of the medical evidence it thinks fit, it is satisfied that the member is unable to resume work by reason of the illness or injury, pay to or in respect of the member an annual income of the amount that it determines, not exceeding the amount of annual income which would have been payable under subregulations (1) and (2) if subregulation (1) had applied in relation to the member.