Western Australian Consolidated Acts

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SUPERANNUATION AND FAMILY BENEFITS ACT 1938 - SECT 79

79 .         Pensioner restored to health may be recalled to the service

        (1)         If in the opinion of the Board the health of any pensioner to whom a pension under section 61 is being paid or is to be paid is such as to enable him to perform suitable duties, the Board shall so inform a prescribed authority with a view to suitable employment being found for the pensioner.

        (2)         If suitable employment is offered to such pensioner at a salary not less than two-thirds of his salary at the time of his retirement, or at such salary as is agreed upon between him and a prescribed authority, the Board may cancel the pension and thereupon it shall cease to be payable.

        (3)         In the event of the recurrence of his infirmity any contributor who has been re-employed in the service shall be entitled to pension at a rate not less than the amount of the pension on which he was first retired.

        (4)         If, in the opinion of the Board, the health of any pensioner to whom a pension under section 61 is being paid, has become so restored as to enable him to perform his duties and suitable permanent employment in the Service cannot be offered to him but the pensioner is engaged in temporary employment by or under the State at a remuneration not less than two-thirds of his salary at the time of his retirement the Board may suspend the pension, and thereupon it shall cease to be payable so long as the pensioner continues in such employment.

        (5)         In the event of the recurrence of this infirmity of the pensioner, or in the event of his ceasing to be so engaged in temporary employment by or under the State or in other employment as aforesaid the pensioner shall from the date of such recurrence or the cessation of such employment, as the case may be, be entitled to pension at the same rate as that on which he was retired from the service.

        [Section 79 8 amended by No. 43 of 1939 s.17.]

[ 80.         Deleted by No. 8 of 1993 s.72.]



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