New South Wales Consolidated Acts

POLICE REGULATION (SUPERANNUATION) ACT 1906 - SECT 8A

8A Disengagement benefit for members aged between 45-55

(1) The Commissioner of Police may, if the Commissioner considers that it is in the interests of the police force to do so, offer a disengagement benefit under this section to any class of members of the police force (or any particular members of the police force).

(2) A member of the police force is not eligible for a disengagement benefit under this section unless the member--

(a) is of or over 45 years of age but less than 55 years of age, and

(b) has served as a member of the police force for at least 20 years of equivalent full-time service.

(3) A disengagement benefit under this section is payable as follows--

(a) the portion of the benefit that is equal to the amount of the employer-financed benefit that would be payable under section 15 is payable from the Fund,

(b) the portion of the benefit that is equal to the amount that would be payable if the member had resigned and was paid a benefit under section 17 is payable from the Fund,

(c) the remainder of the benefit is payable by the Commissioner of Police and is not payable from the Fund.

(4) A member of the police force who accepts an offer of a disengagement benefit under this section shall be retired from the police force by the Commissioner of Police in accordance with the terms of the offer.

(5) The disengagement benefit under this section is a gratuity calculated in accordance with the following formula--

"L" represents the gratuity payable.

"E" represents the lump sum that would have been payable if the member had continued as a member of the police force until the age of 55 years at the same attributed salary of office, and had always worked as a full-time member of the police force and had wholly commuted the superannuation allowance otherwise payable to the member.

"S" represents the total number of months of both full-time and part-time service that has been completed by the member.

"P" represents the number of additional months of full-time service that the member would have completed if the member had continued as a full-time member of the police force until the age of 55 years.

"A" represents the age in years of the member (including fractions of a year on a completed months' basis) at the date of retirement.

"ESR" represents the equivalent service ratio of the member as at the date of the member's retirement.

(6) For the purposes of S in the formula in subsection (5), if the total number of months of both full-time and part-time service is not a whole number of months, any part of a month is to be disregarded.

(6A) For the purposes of P in the formula in subsection (5), a part of a month of full-time service is to be disregarded.

(7) The acceptance of an offer under this section must be in writing in accordance with the terms of the offer.

(8) This section does not apply to a contributor who is an executive officer (including the Commissioner of Police).

(9) Nothing in this section prevents a member of the police force who is offered a disengagement benefit from electing instead to make provision for the benefit provided by section 9B (Preserved benefit).

(10) If STC has made a determination under section 14AA in relation to a benefit under this section, the amount of the benefit is reduced by the amount specified in the determination.