Document ID: chunk:federal_register_of_legislation:C2022C00288:section:73:p1
Version: federal_register_of_legislation:C2022C00288
Segment Type: section
Provision Reference: s 73 (pt 1/3)
Character Range: 93016–95789

73  Special invalidity benefit to members under 18 years of age
 (1) Where a member who, by reason only of subsection 23(2), is not contributing to the Fund is retired prior to attaining the age of 18 years on the ground of invalidity or of physical or mental incapacity to perform his duties (not, in the opinion of the Authority due to wilful action on his part for the purpose of obtaining pension under this section), the Authority shall determine the percentage of total incapacity of the member in relation to civil employment and shall classify the member according to the percentage of incapacity as follows:
 Percentage of Incapacity Class
 60 or over...................................A              30 or over but less than 60              B
 Less than 30..................................C
 (1A) If, before the Authority has determined, for the purposes of subsection (1) the percentage of incapacity in relation to civil employment of a person, the person dies, the Authority must:
 (a) determine what was, immediately before the person's death, his or her percentage of incapacity in relation to civil employment; and
 (b) classify the person under subsection (1) according to that percentage of incapacity, as if the person had not died.
 (1B) Where a deceased person is classified under this section, the classification is taken to have had effect at all times on and after his or her retirement.
 (2) A person who is classified as Class A under subsection (1) is entitled, on retirement, to a pension at the rate of $1,105 per annum, a person who is classified as Class B under the last preceding subsection is entitled, on retirement, to a pension at the rate of $552.50 per annum and a person who is classified as Class C under the last preceding subsection is not entitled to any benefit.
 (3) The Authority may, from time to time, if it is satisfied that the percentage of incapacity in relation to civil employment of a pensioner classified under subsection (1) is such that the classification of the pensioner should be altered, reclassify him in the appropriate classification set out in subsection (1) according to the percentage of his incapacity in relation to civil employment.
 (3AA) If, at a time when the Authority is reviewing, but has not yet determined, for the purposes of subsection (3), the percentage of incapacity in relation to civil employment of a pensioner, the pensioner dies:
 (a) the Authority must determine what was, immediately before the pensioner's death, his or her percentage of incapacity in relation to civil employment; and
 (b) where the Authority is satisfied, having regard to that percentage of incapacity, that, if the pensioner had not died, the pensioner would be reclassified and given a classification higher