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Retiring · NSW Police Force

NSW Police medical retirement
hurt on duty, EPSS and your super

If an injury or illness means you can't keep doing police work, what happens next depends on when you joined and when you were hurt. This guide walks through the medical retirement process, what the Enhanced Police Support Scheme pays, what changed in 2024 and what older PSS members are entitled to.

Updated 9 October 2026 17 min read Sources checked 9 October 2026 Independent, not advice

The short answer

A NSW officer can be medically retired by the Commissioner under the Police Act 1990 when unfit for police duties. Since 1 October 2024 the Enhanced Police Support Scheme tops up workers compensation for up to 10 years but pays no TPD lump sum. Pre-1988 officers in the PSS can get a hurt-on-duty pension of 72.75% of salary or more.

EPSS first 9 months

Up to 100%

of salary, with workers comp

EPSS after that

Up to 75%

for up to 7 + 3 years

TPD lump sum under EPSS

None

since 1 October 2024

PSS hurt-on-duty pension

72.75%

of salary, pre-1988 members

Contents +
  1. 1Which rules apply to you
  2. 2How medical retirement happens
  3. 3Workers comp comes first
  4. 4EPSS: the 10-year top-up
  5. 5The 2024 change: no TPD lump sum
  6. 6PSS hurt-on-duty pensions
  7. 7Your super, insurance and tax
  8. 8Evidence and timelines
  9. 9Disputes and reviews
  10. 10Mental injury and support
  11. 11FAQs
  12. 12Sources

Which NSW rules apply to you?

Two dates decide almost everything: when you joined, and when you were hurt.

NSW has three generations of injury and super arrangements stacked on top of each other. An officer who attested in 1986, one who joined in 2005 and one who joined in 2024 can have the same injury and walk away with completely different benefits. Start by finding your row below.

NSW Police medical retirement: which scheme applies

Joined before 1 April 1988

Super scheme
Police Superannuation Scheme (PSS), defined benefit
Main medical retirement benefit
Hurt-on-duty pension from 72.75% of salary; non-HOD medical discharge benefit
EPSS?
Not covered by EPSS

Joined after 1 April 1988 (older members)

Super scheme
SASS (closed) and/or accumulation
Main medical retirement benefit
SASS invalidity benefit or account balance plus insurance
EPSS?
EPSS at 0.88% contribution (SASS/ABC officers)

Current officers

Super scheme
Aware Super accumulation
Main medical retirement benefit
Account balance plus any insured cover in your fund
EPSS?
EPSS at 1.8% contribution

Student police officers

Super scheme
Aware Super accumulation
Main medical retirement benefit
Workers comp; optional death cover with Aware Super
EPSS?
Not covered by EPSS

From the State Super PSS fact sheets, the NSWPF/PANSW EPSS FAQ (21 Aug 2024) and our NSW data. The date SASS closed to police isn't confirmed; State Super or Aware Super can tell you which scheme holds your benefit.

The second date is when your injury happened. EPSS took over from Police Blue Ribbon Insurance (PBRI) on 1 October 2024. For an injury before that date, the insurer decides at the time you lodge a claim which scheme covers it, so an older injury may still be assessed under PBRI rules.

We're independent, and this isn't advice

Police Pay Australia isn't the NSW Police Force, a union or a super fund. This guide explains the published rules in plain English. For decisions about your own claim, talk to the Police Association of NSW, your fund, or a lawyer who works in police injury law.

How medical retirement happens in NSW

Medical retirement in NSW is a decision of the Commissioner under the Police Act 1990. The power used to sit in section 72A and now sits in section 94B. It can follow a long period on workers compensation, or it can be triggered by a fitness-for-duty assessment while you're still working restricted duties.

  1. 1

    Injury or illness and a claim

    Week 1

    Report the injury, see your GP and lodge a workers compensation claim if it's work-related. EML manages NSWPF claims. An accepted claim with incapacity is what opens EPSS.

  2. 2

    Treatment, restricted duties and recovery

    Months

    Most officers try a return-to-work plan first. Periods back on full pre-injury duties don't use up your EPSS benefit period, which is designed to support a sustainable return.

  3. 3

    Fitness assessment

    Months to years

    If recovery stalls, the force will seek medical opinion on whether you can meet the inherent requirements of police work. Bring your own treating specialists' reports into this stage, not just the force's.

  4. 4

    Notice and your response

    Weeks

    You should be told what's proposed and given the chance to respond with your own medical evidence. Get your association involved before you reply.

  5. 5

    The Commissioner's decision

    Final step

    The Commissioner decides whether to medically retire you. That decision can be challenged as an unfair dismissal in the NSW Industrial Relations Commission.

Some officers ask to be medically retired because they know they can't return. Others fight to stay. Either way, the timing matters: your EPSS benefit period, your workers compensation entitlements and your super insurance all have their own clocks, and leaving the force can stop some of them.

Don't resign while you're injured until you understand what resigning switches off.

Resignation and medical retirement are not the same thing. A resignation can end entitlements tied to employment, while a medical retirement is the event that several benefits are built around. Read NSW Police leave for what happens to your sick and long service leave at the same time.

Workers compensation comes first

For a work-related injury, the foundation is the Workers Compensation Act 1987. The EPSS FAQ is explicit that the Act hasn't changed for police and continues to apply to work-related injuries. Workers comp pays weekly payments for lost earnings, medical and treatment expenses, and, for permanent impairment, a lump sum.

EPSS then sits on top. It doesn't replace workers comp: it tops up the gap between your workers comp weekly payment and the percentage of salary EPSS guarantees. That's why the first practical step is always an accepted workers compensation claim.

Governing law

WC Act 1987

unchanged by EPSS

Claims manager

EML

for NSWPF claims

Psychological injury

Exempt worker

police keep existing entitlements

The 2025 psychological injury reforms

NSW passed major workers compensation reforms in late 2025, including a higher whole person impairment threshold for primary psychological injury claims notified from 1 July 2026. Published guidance for GPs says police officers, paramedics and firefighters are exempt workers and that the higher threshold doesn't apply to them. We read that in a secondary source, so confirm the position for your claim with PANSW or a lawyer.

For how claims work across the country, see our guide to police workers compensation.

EPSS: what the Enhanced Police Support Scheme pays

Income top-ups for up to 10 years after an on-duty injury.

EPSS started on 1 October 2024 and covers sworn officers, including commissioned officers, who were serving on that date. It has three parts: on-duty supplementary support payments run by NSWPF, off-duty income protection through TAL, and on- and off-duty death benefits through TAL, administered by Aware Super.

EPSS benefit periods

Period 1

How long
First 9 months of incapacity
Level
Up to 100% of salary
Notes
Tops up workers comp weekly payments

Period 2

How long
Up to 7 years
Level
Up to 75% of salary
Notes
Starts once period 1 is used

Period 3 (CEEP)

How long
Up to 3 more years
Level
Up to 75% of salary
Notes
Apply at the 6.5-year mark of period 2; presumed for catastrophic injuries

Off duty

How long
Up to 3 years
Level
Income protection via TAL
Notes
Was 2 years under PBRI

From the NSWPF/PANSW EPSS FAQ v2 (21 August 2024). To be eligible you need an accepted workers compensation claim and an incapacity for work from 1 October 2024.

A worked example

Take a senior constable at the top of the scale on $139,688 a year (2024 award rate in our data). In period 1, workers comp plus EPSS can bring income up to $139,688 a year, about $104,140 after 2026-27 income tax and Medicare. In period 2 the ceiling drops to 75%, or $104,766, about $80,721 after tax. That's roughly $23,419 a year less in your pocket.

Period 1 ceiling

$139,688

100% of salary, calculated by us

Period 2 ceiling

$104,766

75% of salary, calculated by us

Your EPSS contribution

$2,514

1.8% of the same salary a year

These figures are illustrations, not quotes. They assume the whole salary counts as "salary" for EPSS and ignore allowances and shift penalties, which often make up a large part of a frontline officer's real income. Ask EPSS what salary figure your payments are based on.

The catastrophic extension (CEEP)

The third period is not automatic. For catastrophic injuries defined in Part 9 of the Workers Compensation Guidelines, approval for the 3-year extension is presumed. Everyone else applies at the 6.5-year mark and an independent panel reviews the case: one person nominated by the Commissioner, one by the PANSW President and a chair nominated by the Police Minister. The Commissioner makes the final decision.

EPSS hotline

NSWPF runs an EPSS hotline on 1800 014 140. Note dates, names and reference numbers for every call.

The 2024 change: from Blue Ribbon to no TPD lump sum

Under PBRI, eligible officers had death, total and permanent disablement (TPD) and income protection cover through policies issued by TAL and administered by Aware Super. A permanently injured officer could receive a TPD lump sum. EPSS removed that. The FAQ is direct: EPSS does not include a TPD lump sum payment.

What EPSS improved

  • ✓On-duty income support for up to 10 years, against shorter PBRI benefit periods
  • ✓Off-duty income protection extended from 2 years to 3
  • ✓Time back on full duties doesn't count against your benefit period
  • ✓Income protection premiums no longer count toward your concessional cap

What officers lost

  • ✕No TPD lump sum for a permanent injury
  • ✕Income support is capped at 75% of salary after 9 months
  • ✕Benefits end when the period ends, even if you can never work again
  • ✕Not available to student officers or pre-1988 PSS members

The government's case was that PBRI was becoming expensive and was pushing some officers over their concessional contributions cap. The trade-off for an officer who will never work again is significant: a stream of payments that stops after 7 to 10 years instead of a lump sum to rebuild a life.

If you were injured before 1 October 2024

The FAQ says that officers already receiving PBRI benefits, or with a TPD claim in progress, weren't affected. For an injury or notified incident before 1 October 2024 that hasn't yet been claimed, the insurer decides at lodgement which scheme applies. Some injury law firms read that as leaving room for a PBRI TPD claim on older injuries.

Get advice before the window closes

If your injury pre-dates 1 October 2024 and you haven't claimed, speak to PANSW or a police injury lawyer now. Insurance policies have their own claim time limits and definitions of TPD, and a delay can cost you the claim.

Legacy PSS: hurt-on-duty pensions for pre-1988 officers

If you joined before 1 April 1988 and you're still a PSS contributor, your medical retirement rules are older and, in many ways, more generous. The PSS is a defined benefit scheme, and EPSS doesn't apply to you. There are two types of medical discharge benefit.

If your incapacity isn't work-related, you get a lump sum or pension depending on your years of service. If it was caused by hurt on duty, you get a hurt-on-duty (HOD) pension for life, regardless of your length of service.

PSS hurt-on-duty pension: illustration

Basic hurt-on-duty pension

% of salary
72.75%
On a sergeant's top salary
$114,365
When it applies
Payable on medical discharge where the infirmity was caused by hurt on duty

Increased for limited outside work capacity

% of salary
Up to 85%
On a sergeant's top salary
Up to $133,623
When it applies
In proportion to your incapacity for work outside the force

Totally incapacitated, special police risk

% of salary
100%
On a sergeant's top salary
$157,203
When it applies
Total incapacity for any work, caused by risks special to police work

Dollar figures are calculated by us on today's top sergeant rate of $157,203 for scale only. PSS uses your attributed 'salary of office', which may differ. Increases are at the trustee's discretion.

The increase to 100% is fought over. It depends on showing your total incapacity was caused by risks that the general workforce wouldn't normally face. In one District Court case, high-speed motorcycle training and defensive tactics training counted as special police risks, but occupational noise exposure didn't.

HOD pensions can also be reviewed after they start, and State Super publishes a separate fact sheet on those reviews. If you're on an HOD pension and get a review letter, treat it as seriously as the original claim.

For the rest of the scheme, including the 7.95 times salary maximum lump sum and early retirement at 55, read our guide to NSW Police super.

Your super, insurance in super and tax

If you joined after 1988, EPSS isn't the whole picture. Your super account itself can be released early on permanent incapacity, and any insurance you hold in your fund can pay on top. Check whether Aware Super, or any other fund you've had, holds TPD or income protection cover in your name. Old accounts from a previous career sometimes still carry cover.

Ask your super fund

  • ✓ Do I hold TPD cover, and is it 'own occupation' or 'any occupation'?
  • ✓ Do I hold income protection, and how does it interact with EPSS and workers comp?
  • ✓ Can I access my balance on permanent incapacity, and what evidence do you need?
  • ✓ What will the tax-free and taxable components of a disability payment be?
  • ✓ Is any of my benefit in SASS or another closed scheme?
  • ✓ Who is my nominated beneficiary, and is it binding?

How a disability payment from super is taxed

If two medical practitioners certify that, because of your ill health, you're unlikely ever to work in a job you're reasonably qualified for, the ATO treats a lump sum as a disability super benefit. The tax-free component is increased by the benefit multiplied by days to retirement, divided by service days plus days to retirement. Days to retirement usually run to age 65.

The younger you are, the bigger that tax-free share. Workers comp weekly payments and EPSS top-ups, by contrast, are taxed as income through PAYG.

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Evidence and timelines: what to gather

Medical retirement claims are won and lost on paperwork. The force, EML, EPSS, State Super and any insurer will each want evidence, and they won't always share it with each other. Build one folder and keep copies of everything you send.

Your evidence folder

  • ✓ Your workers comp claim, the acceptance letter and every certificate of capacity
  • ✓ Reports from your treating GP, specialists and psychologist, in date order
  • ✓ The incident report or notification for each injury, including P902s
  • ✓ Pay slips showing your salary and allowances before the injury
  • ✓ Every letter from NSWPF, EML, EPSS, TAL, Aware Super or State Super
  • ✓ Notes of every phone call: date, name, what was said
  • ✓ Return-to-work plans and any restricted duties you've done
  • ✓ A written history of how the injury affects your daily life and work

Timelines vary too much to promise. As a rough shape: EPSS period 1 runs for the first 9 months, period 2 for up to 7 years, and the CEEP application falls due at the 6.5-year mark of period 2. Diary those dates the day your claim is accepted.

Your own specialists matter

The force's medical opinions are one view. A detailed report from a specialist who has treated you over time, addressing the inherent requirements of police work, often carries more weight than a one-off independent assessment.

Disputes and reviews: who decides what

Different bodies make different decisions, so the first step in any dispute is working out which decision you're challenging. Getting this wrong can mean a missed deadline.

Who decides what in a NSW medical retirement

Medical retirement itself

Who makes it
The Commissioner (Police Act 1990)
Where to challenge it
Unfair dismissal claim in the NSW Industrial Relations Commission (Cottle [2022] HCA 7)

Workers comp liability or payments

Who makes it
EML for NSWPF
Where to challenge it
Internal review, then the Personal Injury Commission

EPSS extension (CEEP)

Who makes it
Commissioner, on the independent panel's recommendation
Where to challenge it
The panel also reviews exceptional applications and disputes

PSS hurt-on-duty pension and increases

Who makes it
State Super trustee (STC)
Where to challenge it
Internal review, then the District Court

Insurance in super

Who makes it
The insurer and your fund
Where to challenge it
The fund's complaints process, then AFCA

The PSS appeal route to the District Court is drawn from the McAlister decision summarised by Codea; check time limits with your lawyer.

The Cottle decision matters. The Commissioner argued that medical retirement under the Police Act was outside unfair dismissal law. The High Court unanimously disagreed. Unfair dismissal claims have short filing deadlines, so if you think a medical retirement decision is harsh or wrong, act within days, not months.

Your association can help. See police associations and unions for what PANSW membership covers.

Mental injury, and where to get support

Many NSW medical retirements involve psychological injury: PTSD, depression, anxiety, or a combination after years of cumulative trauma. The process itself can be hard. Being assessed, waiting on decisions and losing the job that was part of who you are can all hurt as much as the original injury.

Emergency

000

if you or someone else is in danger now

Lifeline

13 11 14

24/7 crisis support

Beyond Blue

1300 22 4636

24/7 support and counselling

If you're struggling right now, call one of those numbers. You don't have to be in crisis to call Beyond Blue. NSW Police also publishes support information for former employees, and the force runs career transition programs for officers leaving.

Support for NSW officers and families

  • ✓ Blue HOPE: a charity run by police for current and former police and their families, offering psychology, peer support and help with career transition.
  • ✓ Fortem Australia: a not-for-profit supporting first responders and their families with counselling, wellbeing activities and career-change support.
  • ✓ Your police association or union: the first call for representation, legal referral and help with insurer and super claims.
  • ✓ Your force's employee assistance program: free, confidential counselling, usually also open to family members.
  • ✓ NSW Police Legacy: supports serving and retired police facing hardship, and runs BACKUP for Life to help officers transition out of the force.
  • ✓ Retired and former police associations: peer contact with people who have been through medical retirement.

Our guide to PTSD and mental health support for police covers treatment options and psychological injury claims in more detail.

Medical retirement in other forces

VIC Victoria Police medical retirement The process, the benefits and the disputes in Victoria Police. QLD QPS medical retirement The process, the benefits and the disputes in Queensland Police Service. WA WA Police medical retirement The process, the benefits and the disputes in Western Australia Police Force. SA SAPOL medical retirement The process, the benefits and the disputes in South Australia Police. TAS Tasmania Police medical retirement The process, the benefits and the disputes in Tasmania Police. NT NT Police medical retirement The process, the benefits and the disputes in Northern Territory Police Force. AFP AFP medical retirement The process, the benefits and the disputes in Australian Federal Police (incl. ACT Policing).

For the national picture, including tax and insurance in super, start with our police medical retirement guide, or see the NSW Police force profile.

Free email alerts

Changes to NSW Police medical retirement and injury support

EPSS rules, workers compensation reforms and PSS benefits change without much notice. We email you when something changes for injured or medically retired NSW officers, and what it means in practice.

  • ✓EPSS and workers comp changes as they're announced
  • ✓Plain-English notes on PSS and Aware Super rule changes

Sent by Police Pay Australia when there's news. Unsubscribe any time. See our privacy policy.

Frequently asked questions

Do NSW Police still get a TPD payout?

Not under the current scheme. The Enhanced Police Support Scheme, which replaced Police Blue Ribbon Insurance on 1 October 2024, has no TPD lump sum. It instead tops up workers compensation for up to 10 years. Officers already receiving PBRI benefits or with a TPD claim in progress weren't affected, and the insurer decides which scheme covers an older injury when a claim is lodged.

How long does EPSS pay for?

For an accepted on-duty workers compensation claim, EPSS can top up your income to 100% of salary for the first 9 months, then to 75% of salary for up to 7 years. A further 3 years at up to 75% is possible for catastrophic or exceptional cases through a Catastrophic Exceptional Extension Payment, applied for at the 6.5-year mark.

Who is not covered by EPSS?

Student police officers, officers in the pre-1988 Police Superannuation Scheme, administrative employees and officers who left the force before 1 October 2024 aren't covered. Student officers rely on ordinary workers compensation and optional death cover with Aware Super. PSS members keep their scheme's hurt-on-duty and medical discharge benefits.

What is a hurt-on-duty pension in NSW?

It's a Police Superannuation Scheme benefit for officers who joined before 1 April 1988 and are medically discharged because of an infirmity caused by hurt on duty. The basic pension is 72.75% of salary. It can be increased to up to 85% based on your capacity for outside work, or to 100% if you're totally incapacitated by risks special to police work.

Can I challenge a medical retirement decision in NSW?

Yes. In Commissioner of Police v Cottle [2022] HCA 7 the High Court held that the unfair dismissal provisions of the Industrial Relations Act 1996 apply to medical retirement decisions, so the NSW Industrial Relations Commission can hear a claim. Time limits are short, so talk to the Police Association of NSW or a lawyer straight away.

Does EPSS affect my concessional super cap?

No longer. Under PBRI, insurance premiums counted toward some officers' concessional contributions cap. EPSS income protection premiums don't, so you can salary sacrifice more without breaching the cap. A small death cover premium is still paid through your super.

Are psychological injuries treated differently for NSW police?

Police officers are classed as exempt workers under NSW workers compensation law. Reports of the 2025 reforms say the higher impairment threshold for primary psychological injury claims from 1 July 2026 doesn't apply to exempt workers, who keep their existing entitlements. Confirm how this applies to your claim with your association or a lawyer.

Is a disability super payment taxed?

Usually less than an ordinary super withdrawal. If two medical practitioners certify you're unlikely ever to work in a job you're reasonably qualified for, a lump sum is a disability super benefit and its tax-free part is increased by a formula based on your days to 65. Your fund calculates the components.

Evidence

Sources and how we checked them

Every figure on this page comes from the sources below, read on 9 October 2026. Pay rates and rules change when new agreements are made, so check the source for the date you're reading this. Where we couldn't confirm something from an official source, the page says so instead of guessing. Spotted an error? Read our corrections policy.

  1. NSWPF / PANSW: Enhanced Police Support Scheme FAQ v2 (21 August 2024) — benefit periods, CEEP, no TPD lump sum, transitional rules
  2. State Super: Hurt on duty (HOD), PSS — 72.75% base; increase to 85% or 100%
  3. State Super: PSS Fact Sheet 11, Medical discharge benefit (s 8 and s 10B(1)) — pre-1 April 1988 members
  4. State Super: PSS Fact Sheet 14, Increase for a hurt on duty pension (s 10(1A))
  5. Codea: Special risk and the hurt on duty pension of a totally incapacitated NSW police officer (21 Sep 2021) — secondary: McAlister v SAS Trustee Corporation [2020]
  6. Police Act 1990 (NSW), current version — s 94B medical retirement; s 216AA students of policing
  7. Holding Redlich: High Court decides medical retirement decisions are not exempt from unfair dismissal (Cottle [2022] HCA 7) — s 72A, now s 94B, Police Act 1990
  8. State Super PSS Fact Sheet 1: Overview of the Police Superannuation Scheme (18 May 2026) — PSS overview
  9. Crown Employees (Police Officers - 2024) Award, NSW Industrial Gazette Vol 397, 9 May 2025, pp 1238-1334 — salaries used in examples
  10. Healthed: NSW psychological injury reforms, what GPs need to know before 1 July 2026 (3 Jun 2026) — police officers are exempt workers; higher WPI threshold doesn't apply
  11. LHD Lawyers: Changes to TPD lump sum entitlements by NSW Police — secondary: law firm view on pre-October 2024 injuries
  12. Personal Injury Commission (NSW) — workers compensation disputes
  13. NSW Police Force: Support for former NSWPF employees
  14. ATO: Invalidity or disability payments from employers or super funds — disability super benefit: two medical practitioners certify you're unlikely ever to work in a job you're reasonably qualified for
  15. ATO: Calculating components of a super benefit — s 307-145 uplift: benefit × days to retirement ÷ (service days + days to retirement)
  16. ATO: When you can access your super early — permanent and temporary incapacity

Related guides

Retiring and super

More in this series

Medical retirement Police medical retirement in Australia How medical retirement works in all 8 forces: the legal process, workers comp, disability pensions, TPD and income protection, tax, disputes and support. Medical retirement Victoria Police medical retirement Section 67 ill-health retirement, the ESSS disability pension up to 70% of salary with worked examples, WorkCover make-up pay and the 55-59 fund. Medical retirement QLD Police medical retirement Section 8.3 of the PSAA, QSuper TPD and 87.75% income protection, the Police account disability pension, tax and disputes. Medical retirement WA Police medical retirement The Part IIC medical board process, the 2021 compensation scheme lump sum, current indexed caps, WAIRC appeals and support. Medical retirement SA Police medical retirement How SAPOL officers leave on medical grounds: the Police Act and Regulations, Super SA insurance, the closed pension scheme, Return to Work SA, disputes and support. Medical retirement Tasmania Police medical retirement Retiring from Tasmania Police on health grounds: Police Service Act ss 28-29, super and insurance, workers compensation, disputes and support. Medical retirement NT Police medical retirement Invalidity retirement under s 91 of the Police Administration Act, CSS and NTGPASS benefits, TPD in your own fund, Return to Work, disputes and support. Medical retirement AFP medical retirement Invalidity retirement under s 32 of the AFP Act, CSC certification, CSS, PSS and PSSap benefits, Comcare and the SRC Act, reviews and support. Insurance Police TPD and income protection TPD and income protection through super for police in every force: definitions, police schemes like NSW's EPSS, claims and how payouts are taxed.
See every retiring and super guide →

General information, not advice. This guide explains published rules and rates. It doesn't consider your personal circumstances and isn't financial, legal, tax or credit advice. Confirm anything you rely on with your force, your police association, the ATO or a licensed professional.