Document ID: chunk:federal_register_of_legislation:C2022C00288:section:51:p2
Version: federal_register_of_legislation:C2022C00288
Segment Type: section
Provision Reference: s 51 (pt 2/2)
Character Range: 33676–35598

before the person's death, his or her percentage of incapacity in relation to civil employment; and
 (d) classify the person under subsection (1) according to that percentage of incapacity, as if the person had not died.
 (2B) Where a deceased member of the scheme is classified under this section, the classification is taken to have had effect at all times on and after his or her retirement.
 (3) Where:
 (a) a member, within 3 months after becoming a contributor, is retired on the ground of invalidity or of physical or mental incapacity to perform his duties; and
 (b) the Authority is satisfied that:
 (i) the invalidity or incapacity was caused, or was substantially contributed to, by a physical or mental condition that existed at the time he became a contributor; and
 (ii) the condition was not aggravated, or was not materially aggravated, by his service as a member;
subsection (1) does not apply in relation to him.
 (4) Where a person who has ceased to be a member again becomes a member (other than a person referred to in Part VIA as a re‑instated candidate to whom this Part applies), subsection (3) applies in relation to him as if he had become a contributor at the time he commenced to make contributions after again becoming a member.
 (5) This section does not apply to a person who retires on or after 1 October 1972.
 (6) Where a member who is a contributor has, before 1 October 1972, been retired otherwise than on the ground of invalidity or of physical or mental incapacity to perform his duties but the Chief of the Defence Force or a person authorized in writing by the Chief of the Defence Force informs the Authority that, at the time the member was retired, grounds existed on which he could have been retired on the ground of invalidity or of physical or mental incapacity to perform his duties, he may, for the purposes of this Act, be treated as if he had been retired on that ground.