South Australian Current Regulations

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SOUTHERN STATE SUPERANNUATION REGULATIONS 2009 - REG 36AAD

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.



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