Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a member who, by reason only of subsection 23(2), is not contributing to the Fund is retired prior to attaining the age of 18 years on the ground of invalidity or of physical or mental incapacity to perform his duties (not, in the opinion of the Authority due to wilful action on his part for the purpose of obtaining pension under this section), the Authority shall determine the percentage of total incapacity of the member in relation to civil employment and shall classify the member according to the percentage of incapacity as follows:
Percentage of Incapacity Class
60 or over ................................... A 30 or over but less than 60 B
Less than 30 .................................. C
(1A) If, before the Authority has determined, for the purposes of subsection (1) the percentage of incapacity in relation to civil employment of a person, the person dies, the Authority must:
(a) determine what was, immediately before the person's death, his or her percentage of incapacity in relation to civil employment; and
(b) classify the person under subsection (1) according to that percentage of incapacity, as if the person had not died.
(1B) Where a deceased person is classified under this section, the classification is taken to have had effect at all times on and after his or her retirement.
(2) A person who is classified as Class A under subsection (1) is entitled, on retirement, to a pension at the rate of $1,105 per annum, a person who is classified as Class B under the last preceding subsection is entitled, on retirement, to a pension at the rate of $552.50 per annum and a person who is classified as Class C under the last preceding subsection is not entitled to any benefit.
(3) The Authority may, from time to time, if it is satisfied that the percentage of incapacity in relation to civil employment of a pensioner classified under subsection (1) is such that the classification of the pensioner should be altered, reclassify him in the appropriate classification set out in subsection (1) according to the percentage of his incapacity in relation to civil employment.
(3AA) If, at a time when the Authority is reviewing, but has not yet determined, for the purposes of subsection (3), the percentage of incapacity in relation to civil employment of a pensioner, the pensioner dies:
(a) the Authority must determine what was, immediately before the pensioner's death, his or 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 or in relation to any member who retires on or after the date fixed under subsection 2(2) of the Defence Forces Retirement Benefits Act (No. 3) 1968 .