Subdiv 4ASpecial disability pension for police officers

Subdivision 4A—Special disability pension for police officers 38A—Police disability pension (1) Pursuant to section 22(1) of the Act, but subject to this regulation, a police officer is entitled to a pension under this regulation (a police disability pension) if— (a) the officer is temporarily or permanently incapacitated for work as a result of a physical or psychological injury sustained when he or she was on duty or lawfully exercising the powers of a police officer; and (b) the injury— (i) resulted from conduct directed at the officer that constitutes a criminal offence; or (ii) occurred as a direct and immediate result of conduct that constitutes a criminal offence in the course of the officer's involvement in police operations directed at the investigation of criminal conduct, or conduct that appears to be criminal; or (iii) occurred as a direct and immediate result of conduct that constitutes a criminal offence by a person who has been apprehended or who the officer is attempting to apprehend. (2) A police disability pension— (a) is payable to a member only in relation to any period during which the member is entitled to weekly payments of workers compensation under the Return to Work Act 2014 of an amount that is less than the member's notional weekly earnings under that Act; and (b) is not payable to a member if the member was, at the time of sustaining the injury, engaged in— (i) conduct constituting a criminal offence; or (ii) conduct constituting a breach of a provision of the Code of Conduct established under Part 6 of the Police Act 1998 concerning corrupt, improper or discreditable behaviour, unless the Board is of the opinion that the conduct does not amount to serious misconduct; and (c) cannot be paid for a continuous period of more than 24 months; and (d) 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. (3) For the purposes of subregulation (2)(b)— (a) a person will be regarded as having been engaged in conduct constituting a criminal offence only if he or she is found guilty of the offence under a law of this State, the Commonwealth or another State or a Territory of the Commonwealth; and (b) a person will be regarded as having been engaged in conduct constituting a breach of the Code of Conduct only if he or she is charged with the breach and— (i) admits the breach in accordance with the Police Act 1998; or (ii) is found guilty of the breach in proceedings before the Police Disciplinary Tribunal. (4) The Board may authorise the payment of a police disability pension to a police officer despite the fact that no person has been prosecuted for, or found guilty of, any offence constituted by the conduct that resulted in the officer's injury. (5) The amount of the police disability pension payable to a member in a particular period will be the difference between the amount of the weekly payments of workers compensation to which the member is entitled for that period and the member's notional weekly earnings for that period under the Return to Work Act 2014. (6) A person in receipt of a police disability pension whose employment terminates ceases to be entitled to the pension from the day immediately following the day on which the employment terminates or is taken to have been terminated. (7) If the Board is satisfied that a member in receipt of a police disability pension— (a) is not making a reasonable effort to return to work that the member has the capacity to perform; or (b) has unreasonably failed to cooperate with the Board; or (c) has acted dishonestly or otherwise in bad faith in his or her dealings with the Board, the Board may discontinue the pension (but the Board must first give the member written notice, at least 21 days before the discontinuance takes effect, of its decision to discontinue the pension). (8) A person is not entitled to receive a police disability pension while the person is in receipt of a disability pension under Subdivision 4 or section 30 of the Police Superannuation Act 1990. (9) If a person who is receiving or has received a police disability pension is paid compensation or damages from another source for the loss of income to which the pension relates (other than under the Return to Work Act 2014)— (a) the Board may, if payment of the pension has not already ceased, discontinue the pension; and (b) the Treasurer may recover from the person, as a debt, the amount of the pension paid to the person (but may not recover more than the amount of compensation or damages paid to the person from the other source). (10) A police disability pension may not be paid in relation to an injury sustained on or after the day falling 5 years after the commencement of this regulation. 38B—Members of Police Superannuation Scheme A person who is a member of the scheme solely by virtue of being entitled to a police disability pension is not entitled to make contributions under section 20(1)(a) of the Act and is not entitled to any other benefits under the Act or these regulations in his or her capacity as a member under regulation 9(5b). 38C—Administrative charges and reimbursement of Fund (1) The Board may fix administrative charges payable by South Australia Police in respect of the administration by the Board of this Subdivision. (2) An amount equivalent to any payment made to a police officer in accordance with this Subdivision is to be paid by South Australia Police to the Treasurer. (3) The Treasurer is to pay an amount equivalent to any amount— (a) received from South Australia Police under subregulation (1) or (2); or (b) recovered from a person under regulation 38A(9), into the Fund.