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44.4.1 Amount of Pension as at 1 December 1988,

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This question is relevant to the application of Division 3 of Part X, which sets out special transitional provisions in relation to weekly incapacity compensation for certain former employees.

The amount of the client's superannuation pension on the commencing day of the SRC Act on 1 December 1988 is directly relevant to:

  • s 131, which applies to former employees under 65 who were in receipt of a superannuation pension on 1/12/88 and are incapable of engaging in suitable employment;
  • s 132A(2), which applies to former employees under 65 who were in receipt of a superannuation pension on 1/12/88 and are capable of engaging in suitable employment;
  • s 135, which applies to former employees who were 65 and were in receipt of a superannuation pension on 1/12/88;
Lump sum payments

Receipt of a superannuation lump-sum benefit is NOT relevant to the application of Division 3 of Part X; any such payment is not taken into account in determining the weekly incapacity compensation entitlement of former employees. Note, however, that other lump sum payments (eg. a redemption or a "Table of Maims" payment) may affect entitlements under Division 2 of Part X for periods prior to 1 December 1988. Periods of incapacity after 1 December 1988 are unaffected by "Table of Maims" payments.

References
  • Comcare Operations Manual vol 14, pt 2 : Incapacity - transitional cases