“Where a person to whom this section applies was in receipt of a pension under a superannuation scheme on the commencing day, then, subject to this Division, the amount of compensation payable per week to the former employee is:
(a)the amount of compensation per week that would have been payable under section 131 if that section had applied to the former employee, less the amount per week that he or she is able to earn in suitable employment; or
(b)the amount of compensation per week that would have been payable under section 20 if that section had applied to the former employee;
whichever is the greater."
This means that two calculations must be performed, and benefits paid according to the calculation which results in the greater weekly figure.
The calculation in accordance with the principles of section 131 is:
% NWE - SUPERANNUATION - AE = COMPENSATION
The calculation in accordance with the principles of section 20 is:
AC - (SA + SC)
where:
ACis the amount of compensation that would have been payable to the employee for a week if:
(a)section 19, other than subsection 19 (6), had applied to the employee; and
(b)the week were a week referred to in subsection 19 (3);
SAis the superannuation amount; and
SCis the amount of superannuation contributions that would have been required to be paid by the employee in that week if he or she were still contributing to the superannuation scheme.
The greater figure of the two calculations is used to determine the employee's entitlement under section 132A (2).