Document ID: chunk:federal_register_of_legislation:C2022C00288:section:51:p1
Version: federal_register_of_legislation:C2022C00288
Segment Type: section
Provision Reference: s 51 (pt 1/2)
Character Range: 31322–33919

51   Classification in respect of incapacity
 (1) Subject to subsection (3), where:
 (a) a member who is a contributor has been retired before attaining the retiring age for the rank held by him;
 (b) an officer who is a contributor has been granted an extension of service for a period that does not extend beyond the period of 2 years after the attainment by him of the retiring age for the rank held by him and has been retired before the expiration of the period of the extension;
 (c) a member (not being an officer) who is a contributor has been engaged for a period of service extending beyond the date on which he will attain the retiring age for the rank held by him and has been retired before the expiration of a period of 2 years after that date and before the expiration of the period of the engagement; or
 (d) the age for compulsory retirement of a member (not being an officer) who is a contributor has been extended and the member has been retired before the attainment by him of the extended age and before the expiration of a period of 2 years after the attainment by him of the retiring age for the rank held by him;
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 or other benefit), he is entitled to benefit in accordance with sections 52, 52A and 53, but, subject to section 60, is not otherwise entitled to benefit under this Act.
 (2) Where a person (not being a person to whom section 52A applies) is, or is about to become, entitled to benefit by virtue of subsection (1), the Authority shall determine the percentage of total incapacity of the person in relation to civil employment and shall classify the person 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
 (2A) Where:
 (a) a person (other than a person to whom section 52A applies) who is entitled to benefit by virtue of subsection (1) dies; and
 (b) at the time of his or her death, the Authority has not made a determination in respect of the person under subsection (2);
the Authority must:
 (c) determine what was, immediately 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