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.
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
| When you joined | Super scheme | Main medical retirement benefit | EPSS? |
|---|---|---|---|
| Joined before 1 April 1988 | Police Superannuation Scheme (PSS), defined benefit | Hurt-on-duty pension from 72.75% of salary; non-HOD medical discharge benefit | Not covered by EPSS |
| Joined after 1 April 1988 (older members) | SASS (closed) and/or accumulation | SASS invalidity benefit or account balance plus insurance | EPSS at 0.88% contribution (SASS/ABC officers) |
| Current officers | Aware Super accumulation | Account balance plus any insured cover in your fund | EPSS at 1.8% contribution |
| Student police officers | Aware Super accumulation | Workers comp; optional death cover with Aware Super | 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
Injury or illness and a claim
Week 1Report 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
Treatment, restricted duties and recovery
MonthsMost 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
Fitness assessment
Months to yearsIf 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
Notice and your response
WeeksYou 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
The Commissioner's decision
Final stepThe 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.
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
| Benefit | How long | Level | Notes |
|---|---|---|---|
| Period 1 | First 9 months of incapacity | Up to 100% of salary | Tops up workers comp weekly payments |
| Period 2 | Up to 7 years | Up to 75% of salary | Starts once period 1 is used |
| Period 3 (CEEP) | Up to 3 more years | Up to 75% of salary | Apply at the 6.5-year mark of period 2; presumed for catastrophic injuries |
| Off duty | Up to 3 years | Income protection via TAL | 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.
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
| HOD pension level | % of salary | On a sergeant's top salary | When it applies |
|---|---|---|---|
| Basic hurt-on-duty pension | 72.75% | $114,365 | Payable on medical discharge where the infirmity was caused by hurt on duty |
| Increased for limited outside work capacity | Up to 85% | Up to $133,623 | In proportion to your incapacity for work outside the force |
| Totally incapacitated, special police risk | 100% | $157,203 | 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.
See what your super could be worth
Project your NSW super balance at today's employer rate, so you know what's at stake when you talk to your fund.
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.
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
| Decision | Who makes it | Where to challenge it |
|---|---|---|
| Medical retirement itself | The Commissioner (Police Act 1990) | Unfair dismissal claim in the NSW Industrial Relations Commission (Cottle [2022] HCA 7) |
| Workers comp liability or payments | EML for NSWPF | Internal review, then the Personal Injury Commission |
| EPSS extension (CEEP) | Commissioner, on the independent panel's recommendation | The panel also reviews exceptional applications and disputes |
| PSS hurt-on-duty pension and increases | State Super trustee (STC) | Internal review, then the District Court |
| Insurance in super | The insurer and your fund | 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
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
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.
- NSWPF / PANSW: Enhanced Police Support Scheme FAQ v2 (21 August 2024) — benefit periods, CEEP, no TPD lump sum, transitional rules
- State Super: Hurt on duty (HOD), PSS — 72.75% base; increase to 85% or 100%
- State Super: PSS Fact Sheet 11, Medical discharge benefit (s 8 and s 10B(1)) — pre-1 April 1988 members
- State Super: PSS Fact Sheet 14, Increase for a hurt on duty pension (s 10(1A))
- 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]
- Police Act 1990 (NSW), current version — s 94B medical retirement; s 216AA students of policing
- 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
- State Super PSS Fact Sheet 1: Overview of the Police Superannuation Scheme (18 May 2026) — PSS overview
- Crown Employees (Police Officers - 2024) Award, NSW Industrial Gazette Vol 397, 9 May 2025, pp 1238-1334 — salaries used in examples
- 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
- LHD Lawyers: Changes to TPD lump sum entitlements by NSW Police — secondary: law firm view on pre-October 2024 injuries
- Personal Injury Commission (NSW) — workers compensation disputes
- NSW Police Force: Support for former NSWPF employees
- 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
- ATO: Calculating components of a super benefit — s 307-145 uplift: benefit × days to retirement ÷ (service days + days to retirement)
- ATO: When you can access your super early — permanent and temporary incapacity
Related guides
Retiring and super
More in this series
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.