3.7.3 Retirement Normal retiring age | Injuries close to or after retirement age | Incapacity after retirement age | Contractual retiring age

A worker’s entitlement to weekly payments ceases once they reach retirement age, unless the worker:

  • is injured within 130 weeks before retirement age
  • is injured after retirement age
  • made a claim before retirement age and after retirement age required inpatient treatment in a hospital for their compensable injury.

See: Terminate or alter weekly payments

For information to determine the retirement age of a worker - see: Normal retiring age | Contractual retiring age | Retirement age fact sheet

Notification of termination

Although there is no legal requirement to give notice of an intention to terminate weekly payments, it is WorkSafe's policy for Agents to give the worker 60 days notice of the intention to terminate weekly payments.

For information on notification of termination of weekly payments – see: Terminate or alter weekly payments. Normal retiring age

The normal retiring age for workers in their occupation is the age at which workers in that occupation would expect to retire.

It is not the:

  • actual age at which the worker retired or
  • age at which the individual worker would expect to retire.

To determine a worker’s normal retiring age:

If born between: the retirement age is:
before 1 July 1952 65 years
1 July 1952 - 31 December 1953 65 years & 6 months
1 January 1954 - 30 June 1955 66 years
1 July 1955 - 31 December 1956 66 years & 6 months
from 1 January 1957 67 years

See: Retirement age fact sheet

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Determining retirement age date

Where a worker's retirement age date falls on an invalid day such as the 31st day of a month where only 30 days exist, the next day is the retirement date.

The normal retiring age must be determined with reference to the occupation the worker was in at the time of injury. To determine whether there is a normal retiring age, consideration may be given to a retiring age in any industry or establishment where that occupation is carried on.

The worker’s occupation must be defined as precisely as possible with reference made to the specific duties of the worker.

For example: the occupation of a skilled textile machinist would not be a:

  • machinist
  • unskilled textile machinist
  • skilled metal machinist.

There must be a generally accepted age for retirement for workers in an occupation for it to be the normal retiring age.

If there is a special reason for a particular worker to retire at a different age it may be disregarded, as the expectations and understanding of the majority of workers are not affected.

There may be special circumstances to operate a workplace that results in workers regularly retiring at a different age to other workers. This does not affect the normal retiring age for that occupation if there is still a definite age at which most workers in that occupation expect to retire.

It might be possible to treat the procedures undertaken in an industry as an exception to the general practice for workers in the same occupation in other industries.

If there are exceptional reasons for a different retiring age in a particular industry and if there is a relatively small number of workers from that occupation in that particular industry compared to other industries, a normal retiring age for workers in the occupation might still be held to exist.

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