While it may well be that no overpayment has occurred
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probably only where the employee has not been provided with the choice to make a decision on what will occur with superannuation benefits, with the amount being automatically preserved - the employee is still entitled to incapacity payments under section 19 of the Act. |
it is more likely that, from the date of retirement, a calculation will be required of what section of the Act the employee is now entitled to be paid under.
It is important to understand that we must only have regard to the Government Funded Portion of the employee's superannuation entitlement. See also the volumes on Direct Payments and Incapacity for further specific superannuation details.
section 20incapacity + weekly pension
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75% Normal Weekly Earnings (NWE) |
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minus |
|
(Pension + % weekly super contribution) |
section 21incapacity + lump sum
|
75% NWE |
|
minus |
|
(Lump sum ÷ 520 + % weekly super contribution) |
section 21Aincapacity + lump sum + weekly pension
|
75% NWE |
|
minus |
|
(Pension + Lump sum ÷ 520 + % weekly super contribution |
Any compensation paid in excess of the entitlement under section 20, 21 or 21A constitutes an overpayment.
In most circumstances, an employee's calculated superannuation benefit is divided into a lump sum amount due for any monies backdated to the date of retirement (or 'date of effect') and a weekly pension to be paid for all future entitlements. The lump sum amount is used to assist with the recovery of any overpayment.