36AAD—Duration of disability pension
(1) A member who is in
receipt of a disability pension may, by notice in writing to the Board,
suspend payment of the pension for a period specified in the notice.
(2) A disability
pension cannot be paid in respect of a particular disability—
(a) for
a continuous period of more than 24 months; or
(b) for
an aggregate period of more than 24 months in any 1 period of
48 months.
(3) For the purposes
of subregulation (2)—
(a) if
an application by a member for a disability pension is taken under
regulation 36AA(2) to have been received on a day that is not the day on
which it was lodged, and the application is successful, the period commencing
on the day on which the application was lodged and ending on the day on which
the applicant gives notice to the Board that the application is to be assessed
is to be taken into account as a period during which a disability pension was
paid to the member; and
(b) if
payment of a disability pension to a member is suspended at the request of the
member under subregulation (1), the period of the suspension is to be
taken into account as a period during which a disability pension was paid to
the member.
(4) A person in
receipt of a disability pension whose employment terminates ceases to be
entitled to the pension from the day immediately following the day on which
the employment terminates or is taken to have been terminated.
(5)
Subregulation (4) applies irrespective of the manner in which the
person's employment terminates.
(6) If a member to
whom regulation 6(4) applies is entitled to a disability pension in
respect of incapacity for work in the 12 month period during which the member
is taken to remain in employment, the pension will not be payable after the
end of the designated period.
(7) For the purposes
of subregulation (6), the "designated period is a period—
(a)
commencing on the day following the day on which the 12 month period
during which the member is taken to remain in employment expires; and
(b)
equivalent in length to the waiting period that applied under
regulation 36AAC in respect of the member's disability pension.