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DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 28

Pre - existing invalidity or incapacity

  (1)   Subject to section   95, where:

  (a)   a contributing member (not being a contributing member who has become an eligible member of the Defence Force by virtue of an election under section   90) is, within a period of one year after becoming a contributing member, retired on the ground of invalidity or of physical or mental incapacity to perform his duties; and

  (b)   CSC is satisfied that:

  (i)   the invalidity or incapacity was caused, or was substantially contributed to, by a physical or mental condition that existed at the time when he became a contributing member; and

  (ii)   the condition was not aggravated, or was not materially aggravated, by his service after becoming a contributing member;

he is not entitled to invalidity benefit.

  (2)   Where:

  (a)   a member of the scheme who has retired again becomes an eligible member of the Defence Force otherwise than without a break in the continuity of his service;

  (b)   he is not a person who, on again becoming an eligible member of the Defence Force, was entitled to, and made, an election under section   51; and

  (c)   after again becoming an eligible member of the Defence Force, he is retired on the ground of invalidity or of physical or mental incapacity to perform his duties;

he shall, for the purposes of subsection   (1), be treated as if he had first become a contributing member at the time when he again became an eligible member of the Defence Force.



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