VICIn ForceAct
State Superannuation Act 1988
67If pensioner re-employed by Crown, pension may be reduced
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67 If pensioner re-employed by Crown, pension may be reduced
***current equivalent of the salary on retirement*** in relation to a pensioner means the salary that the Board from time to time determines as being equivalent at any relevant time to the salary that was payable to the pensioner immediately prior to his or her retirement having regard to general increases in salary that have occurred since the retirement of the pensioner;
S. 67(1) def. of *employed in the service of the Crown* amended by Nos 49/1992 s. 22(a)(b), 120/1994
s. 65(a), 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 189.4), 24/2006 s. 6.1.2(Sch. 7 item 38.3).
***employed in the service of the Crown*** in relation to a pensioner means a person employed—
(a) by the Crown whether employed under the **Public Administration Act 2004**, the **Education and Training Reform Act 2006** or otherwise; or
(b) by any body created by or under any Act; or
(c) by any other body that the Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, declares to be a body to which this paragraph applies—
whether permanent, temporary, casual, full‑time, part-time or other type of employment.
S. 67(2) amended by Nos 81/1988 s. 33(a), 4/1996
s. 113(1)(a)(b).
(2) Despite any other provision of this Act the pension payable to any pensioner who continues to be an officer and who is employed in the service of the Crown is to be reduced by the amount by which the remuneration he or she or any other person, a corporation or a trust receives from his or her employment in the service of the Crown together with the pension payable to the pensioner under this Act (other than a disability pension) exceeds the current equivalent of his or her salary on retirement.
(3) This section does not apply to the payment of a pension to a pensioner—
S. 67(3)(a) amended by Nos 81/1988 s. 33(b), 120/1994 s. 57(o).
(a) who is in receipt of a pension under section 36 or 37; or
(b) who being a pensioner became employed in the service of the Crown prior to the commencement of section 6 of the **Superannuation (Amendment) Act 1969**.
S. 67A inserted by No. 4/1996
s. 114.