Document ID: chunk:federal_register_of_legislation:C2022C00288:section:73:p2
Version: federal_register_of_legislation:C2022C00288
Segment Type: section
Provision Reference: s 73 (pt 2/3)
Character Range: 95530–98311

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 than that of the pensioner at the time of his or her death, the Authority must reclassify the pensioner under subsection (1) according to that percentage of incapacity, as if the pensioner had not died.
 (3A) In determining:
 (aa) for the purposes of subsection (3), what is the percentage of incapacity in relation to civil employment of a pensioner; or
 (aab) for the purposes of subsection (3AA), what was, immediately before his or her death, the percentage of incapacity in relation to civil employment of a pensioner who has died;
the Authority shall have regard to the following matters only:
 (a) the vocational, trade and professional skills, qualifications and experience of the pensioner;
 (b) the kinds of civil employment which a person with skills, qualifications and experience referred to in paragraph (a) might reasonably undertake;
 (c) the degree to which any physical or mental impairment of the pensioner, being a prescribed physical or mental impairment, has or had diminished the capacity of the pensioner to undertake the kinds of civil employment referred to in paragraph (b);
 (d) such other matters (if any) as are prescribed for the purposes of this subsection.
 (3B) In subsection (3A), prescribed physical or mental impairment, in relation to a pensioner or a deceased pensioner, means:
 (a) a physical or mental impairment of the pensioner that was the cause, or one of the causes, of the invalidity or physical or mental incapacity by reason of which the pensioner was retired, whether or not that impairment changed, for better or worse, since that retirement; or
 (b) any other physical or mental impairment of the pensioner causally connected with a physical or mental impairment referred to in paragraph (a).
 (4) Where a person is reclassified under subsection (3), the Authority shall specify the date from which the reclassification has effect, and, on and after that date, the person shall, for the purposes of subsection (2), be deemed to be classified accordingly.
 (4A) Where a deceased person is reclassified under subsection (3AA):
 (a) the Authority must specify the day from which the reclassification has effect; and
 (b) the person is taken, for the purposes of subsection (2), to have been classified accordingly on and after that day.
 (5) In respect of each payment of pension (being a payment that became payable before 1 October 1972) paid under this section, the Commonwealth shall pay to the Fund an amount equal to that payment.
 (6) This section does not apply to