Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhere a member is retired on the ground of invalidity or physical or mental incapacity to perform his duties and the invalidity or incapacity is, in the opinion of the Board, due to wilful action on his part for the purpose of obtaining pension, he shall, subject to the regulations, be entitled to a refund of his contributions under this Act, and no pension or other benefit under this Act shall be payable to or in respect of the member.