Multiple periods of service

Multiple periods of service

The assessor must exercise care when a client has had more than one period of service, especially in respect of treatment of superannuation benefits.

Essentially, the Incapacity Calculator in any one assessment can handle only one discharge date, using that date to decide whether superannuation is to be taken into account under the superannuation rules (ss 20, 21 & 21A).

Care must be taken to ensure that the discharge date and superannuation details remain compatible for the period of service and the period being assessed.

In making the assessment, it is important to bear in mind that:

• superannuation received in respect of a discharge before 1 December 1988 is NOT taken into account under the superannuation rules;
• superannuation received in respect of a discharge between 1 December 1988 and 24 December 1992 is considered in the absence of s 21A (ie. only the pension is taken into account where the client received both a superannuation pension and a lump-sum benefit upon retirement).

Where clients with more than one period of service are encountered, and there is doubt as to how the case is to be assessed, advice should be sought from the National Office.  This is particularly the case where more than one superannuation scheme is involved or where the legislative amendments of 24 December 1992 or 7 April 1994 cause added complications.

Examples - multiple period of service

1. The client has two periods of service.  The client discharged from the first period of service on 3 January 1985 and received a DFRDB pension of $273.54 per fortnight (currently $494.78).  The second period of service was from 6 January 1990 to 8 January 1991, and attracted no superannuation upon discharge.  The second discharge was a result of an accepted condition.
   In this case, the superannuation must not be taken into account because the client is not a former employee and received the superannuation before the commencement of s 20 on 1 December 1988.  The correct approach in using the Incapacity Calculator is to enter 8 January 1991 as the discharge date and then indicate that no superannuation is to be considered.  The calculator will apply s 19.

2. The client has two periods of service.  The client discharged from the first period of service on 3 January 1985 and received a DFRDB pension.  The client rejoined in 1991 and was medically discharged, as a result of an accepted condition, in 1992 with a Class A MSBS pension.
   In this case the Class A MSBS pension should be considered for compensation purposes as the pension arises from the second period of service.

3. The client was injured in the first period of service, discharged, re-entered, and subsequently discharged for reasons other than the accepted condition.  The period of service in which the injury occurred should be the period considered for the purpose of calculation.