Victorian Numbered Acts Victorian Numbered Acts(1) Insert the following heading to section 96 of the Accident Compensation Act 1985 —
"Effect of disability or other pensions and lump sums on weekly payments ".
(2) In section 96 of the Accident Compensation Act 1985 —
(a) in subsection (1)(a) omit "disability,";
(b) in subsection (1), paragraph (b) is repealed ;
(c) in subsection (2), paragraph (a) is repealed .
(3) After section 96(5) of the Accident Compensation Act 1985, insert —
"(6) The amount of compensation in the form of weekly payments payable to a worker under this Part must be reduced by the amount (if any) by which the sum of—
(a) the weekly payment that would be payable but for this subsection; and
(b) the weekly rate of any disability pension received by or for the benefit of the worker and which relates to an injury in respect of which compensation in the form of weekly payments is payable to the worker; and
(c) the worker's current weekly earnings—
exceeds the supplemental pension limit.
(7) In this section—
"disability pension, "in relation to a worker, means an amount payable under an insurance policy or by a trustee acting in the capacity of a trustee that—
(a) relates to an injury in respect of which compensation in the form of weekly payments is payable under this Part; and
(b) is payable in the form of periodic payments to or for the benefit of the worker—
but does not include a retirement or superannuation pension;
"supplemental pension limit", in relation to a worker, means the worker's pre-injury average weekly earnings as calculated under section 5A as indexed in accordance with section 100(2) but disregarding section 100(3) and calculated as if the period of 52 weeks referred to in section 5A(1A) (where secondly occurring) or (1B) had not expired.".