Commonwealth Numbered Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 No. 234, 1992 - SECT 33

33.(1) This section applies to an employee who:

   (a)  is incapacitated for work as a result of an injury; and

   (b)  retires (whether voluntarily or otherwise) from his or her employment
        at any time after the commencement of this section; and

   (c)  as a result of the retirement, receives a pension under a
        superannuation scheme.

(2) Compensation is payable to the employee for the injury under this section
for each week after the date of the retirement during which the employee is
incapacitated.

(3) The amount of compensation is an amount worked out using the formula:
Unadjusted amount - Superannuation + Superannuation
     of compensation          amount          contributions
where:

"Unadjusted amount of compensation" means the amount of compensation that
would have been payable to the employee for a week if:

   (a)  section 31, other than subsection 31(8), had applied to the employee;
        and

   (b)  the week were a week referred to in subsection 31(4);

"Superannuation amount" means the superannuation amount received by the
employee that week under a superannuation scheme;

"Superannuation contributions" means 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.