Please note: This section applies to circumstances prior to 01/07/2014 only.
If there is a contractual retiring age expressed in an award or the legislation, it can be presumed to be the normal retiring age.
The presumption that a contractual retiring age is the normal retiring age can be disregarded if there is strong evidence that there is a different age or range of ages, at which workers in that occupation:
- regularly retire or
- would expect to retire.
The evidence must be strong enough to suggest that the majority of workers in that occupation would expect to retire at a different age to the contractual retiring age.
If the evidence shows that workers:
- regularly retire at a particular age apart from the contractual retiring age, that particular age is the normal retiring age
- retire at a variety of ages, there is no normal retiring age despite there being a contractual retiring age, in which case the retirement age is as legislated.
If there is no contractual retiring age, the Agent must determine whether there is a definite age at which workers in that occupation would expect to retire.
There may not be a normal retiring age, depending on whether there is a definite age at which workers in that occupation would expect to retire.
Evidence of the expectation of these workers could be gained from usual retiring ages of workers in the occupation.
Circumstances where a contractual retirement age may apply include:
- where an injury occurs within the period of 130 weeks before retirement age or after attaining retirement age and the date of injury is before 01/07/2014
- where an entitlement exists after retirement age under the provisions in S93EA and the initial incapacity date is before 01/07/2014
Agents are advised to consult sections 93E, 93EA and 93F of the Accident Compensation Act 1985 when reviewing the circumstances.