Western Australian Consolidated Acts Western Australian Consolidated Acts (1)
Where —
(a) a
contributor, not being a contributor for limited benefits, is retired on the
ground of invalidity or physical or mental incapacity to perform his duties;
or
(b) a
contributor for limited benefits is retired on the ground of invalidity or
physical or mental incapacity to perform his duties and the Board is satisfied
that the invalidity or incapacity is not due to, and did not arise from, a
physical or mental defect or condition recorded in relation to him under
section 32(7),
he shall be entitled
to the full pension for which he was contributing at the time of his
retirement.
(2) Except as provided
in subsection (1)(b), where a contributor for limited benefits is
retired, prior to attaining the age of 60 years, on the ground of
invalidity or physical or mental incapacity to perform his duties, he
shall —
(a) if
his retirement occurs not later than 3 years after the day on which he
became a contributor for limited benefits — be entitled to
receive from the Fund a refund of the contributions paid by him and from the
State a sum equal to 2½ such of those contributions as represent
fortnightly contributions made by him in respect of units not exceeding his
primary entitlement up to the time of his retirement;
(b) if
his retirement occurs after he has contributed to the Fund as a contributor
for limited benefits for more than 3 years — be entitled
to pension calculated in accordance with the formula —
where —
P is the pension to
which he would have been entitled under this section if he were a contributor
referred to in subsection (1)(a); and
X is the number of
complete months for which he has contributed as a contributor for limited
benefits in excess of the period of 3 years commencing on the date on
which he became a contributor for limited benefits.
(3) Except as provided
in subsection (1)(b), where a contributor for limited benefits is
retired, on or after attaining the age of 60 years, on the ground of
invalidity or physical or mental incapacity to perform his duties, he shall be
entitled to the same pension as that to which he would have been entitled had
he retired other than on that ground and not under this section, but for the
purposes of calculating the State share of that pension, he shall be deemed to
have continued in service until attaining the age of 65 years.
(4) A contributor
shall not be deemed to have been retired on the ground of invalidity or
physical or mental incapacity to perform his duties within the meaning of this
section for the reason merely that he is suffering from a particular physical
defect which renders him incapable of performing a particular duty which he
has been performing as an employee if such physical defect does not in fact
disable him from performing another duty, which he is competent to perform,
and employment in the performance of such lastmentioned duty is available to
him as an employee.
(5) Where a
contributor for limited benefits dies within 3 years of becoming such a
contributor but prior to attaining the age of 60 years, there shall,
except where the Board is satisfied that his death was not due to and did not
arise from, a physical or mental defect or condition recorded in relation to
him under section 32(7) be paid to his widow from moneys standing to the
credit of the Fund and from the State the same amounts as would have been paid
to the contributor had he retired on the ground of invalidity or incapacity on
the same day as that on which he died.
(6) Any pension paid
under subsection (2)(b) or to the spouse of a contributor for limited
benefits shall be apportioned as between the Fund and the State in the same
respective proportions as are pensions paid under subsection (1) or to
the spouses of other contributors, as the case requires.
(7) Notwithstanding
the foregoing provisions of this section, a contributor who has been retired
on the ground of invalidity or physical or mental incapacity to perform his
duties is, not entitled to pension under this section —
(a) if
the invalidity or incapacity which was the ground of his retirement was due to
wilful action on the part of the contributor for the purpose of obtaining
pension under this section; or
(b)
if —
(i)
his retirement occurs within 3 years of his becoming
a contributor; and
(ii)
the invalidity or incapacity is due to, or arose from, a
physical or mental defect or condition known to the contributor at the time
when he underwent a medical examination for the purposes of becoming eligible
to become a contributor and he failed to disclose the existence of that
condition or defect,
but shall receive in
lieu of pension a refund of his contributions together with interest thereon
at the rate or rates fixed by the Board from time to time.
[Section 61 inserted by No. 134 of 1976
s.18; amended by No. 49 of 1996 s.64.]