Document ID: chunk:federal_register_of_legislation:C2025C00116:section:34
Version: federal_register_of_legislation:C2025C00116
Segment Type: section
Provision Reference: s 34
Character Range: 75006–76868

34  Compensation for injuries resulting in incapacity where employee is in receipt of a lump sum benefit
 (1) This section applies to an employee who:
 (a) is incapacitated for work as a result of an injury; and
 (b) retires (whether voluntarily or otherwise) from his or her employment at any time after the commencement of this section; and
 (c) as a result of the retirement, receives a lump sum benefit under a superannuation scheme; and
 (d) has not rolled‑over the lump sum benefit into another superannuation fund or an approved deposit fund.
 (2) Compensation is payable to the employee for the injury under this section for each week after the date of the retirement during which the employee is incapacitated.
 (3) The amount of compensation is an amount worked out using the formula:

where:
Unadjusted amount of compensation means the amount of compensation that would have been payable to the employee for a week if:
 (a) section 31, other than subsection 31(8), had applied to the employee; and
 (b) the week were a week referred to in subsection 31(4).
Superannuation amount means the superannuation amount received by the employee as a lump sum.
Superannuation contributions means the amount of superannuation contributions that would have been required to be paid by the employee in that week if he or she were still contributing to the superannuation scheme.
 (4) In this section:
approved deposit fund has the same meaning as in the Income Tax Assessment Act 1997.
rolled‑over means paid as a roll‑over superannuation benefit (within the meaning of the Income Tax Assessment Act 1997).
superannuation fund has the same meaning as in Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act 1936 (as in force just before the commencement of Schedule 1 to the Superannuation Legislation Amendment (Simplification) Act 2007).