The new Superannuation Legislation Amendment Act 2006 was passed by the NSW Parliament in June this year and the provisions which affect the Police Regulation (Superannuation) Act commenced on the 1 July 2006. The new provisions apply to all pre-‘88er’s covered by the old scheme and any new applications for a benefit lodged after the 1 July this year.

The Act makes clear the definition of a NSW Police Officer’s “duties of office” which has been clarified to include all general duties imposed on all officers as set out in the Police Act 1990.

Another important change to note is that a new claim may now only be brought when the officer is less than 60 years of age or no later than five years after their retirement, whichever is the later. All those officers who feel they may have some rights are advised to investigate these as soon as possible rather than leaving a claim too long when they may be out of time to make an application.

There is now also a requirement for all officers covered by the pre ‘88 Act to participate in an injury management program offered by the NSW Police. Any benefits payable may be contingent on undertaking this course and unreasonable refusal to participate may mean suspension of payments and benefits.

The last major change is the new flexibility in commuting part of any payable benefit, whereas in the past the only option was to commute all or nothing of the payment. There is greater flexibility about when this option may be exercised and gives the individual more freedom to decide what to do with their benefits.

For more information contact  Tony Cardillo or Stephanie Posniak at Harris Wheeler on 49076300