Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a prescribed employee was contributing to the State Fund for benefits declared by the regulations to be restricted benefits:
(a) benefits in respect of the units of pension for which he is liable to contribute under this Act are only payable to or in relation to him in the circumstances in which benefits would have been payable to or in relation to him out of the State Fund under the law of the State as in force at the relevant date if he had continued to contribute to the State Fund for those restricted benefits; and
(b) the benefits that are payable in respect of those units to or in relation to him in any such circumstances are the benefits determined by the Board to be the equivalent of the benefits that would be payable to or in relation to him out of the State Fund under the law of the State as in force at the relevant date if he had continued to contribute to the State Fund for those restricted benefits at the same rate as the rate at which he was contributing for them immediately before the relevant date.
(2) Subsection (1) does not apply to a prescribed employee who has satisfied the Board that he is not suffering from any physical or mental defect likely to render him incapable of performing his duties before attaining the maximum age for retirement.