Document ID: chunk:federal_register_of_legislation:C2024C00465:section:28
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 28
Character Range: 63577–65034

28  Pre‑existing invalidity or incapacity
 (1) Subject to section 95, where:
 (a) a contributing member (not being a contributing member who has become an eligible member of the Defence Force by virtue of an election under section 90) is, within a period of one year after becoming a contributing member, retired on the ground of invalidity or of physical or mental incapacity to perform his duties; and
 (b) CSC 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 when he became a contributing member; and
 (ii) the condition was not aggravated, or was not materially aggravated, by his service after becoming a contributing member;
he is not entitled to invalidity benefit.
 (2) Where:
 (a) a member of the scheme who has retired again becomes an eligible member of the Defence Force otherwise than without a break in the continuity of his service;
 (b) he is not a person who, on again becoming an eligible member of the Defence Force, was entitled to, and made, an election under section 51; and
 (c) after again becoming an eligible member of the Defence Force, he is retired on the ground of invalidity or of physical or mental incapacity to perform his duties;
he shall, for the purposes of subsection (1), be treated as if he had first become a contributing member at the time when he again became an eligible member of the Defence Force.