51Classification in respect of incapacity

#### 51 Classification in respect of incapacity (1) Subject to subsection (3), where: (a) a member who is a contributor has been retired before attaining the retiring age for the rank held by him; (b) an officer who is a contributor has been granted an extension of service for a period that does not extend beyond the period of 2 years after the attainment by him of the retiring age for the rank held by him and has been retired before the expiration of the period of the extension; (c) a member (not being an officer) who is a contributor has been engaged for a period of service extending beyond the date on which he will attain the retiring age for the rank held by him and has been retired before the expiration of a period of 2 years after that date and before the expiration of the period of the engagement; or (d) the age for compulsory retirement of a member (not being an officer) who is a contributor has been extended and the member has been retired before the attainment by him of the extended age and before the expiration of a period of 2 years after the attainment by him of the retiring age for the rank held by him; 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 or other benefit), he is entitled to benefit in accordance with sections 52, 52A and 53, but, subject to section 60, is not otherwise entitled to benefit under this Act. (2) Where a person (not being a person to whom section 52A applies) is, or is about to become, entitled to benefit by virtue of subsection (1), the Authority shall determine the percentage of total incapacity of the person in relation to civil employment and shall classify the person 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 (2A) Where: (a) a person (other than a person to whom section 52A applies) who is entitled to benefit by virtue of subsection (1) dies; and (b) at the time of his or her death, the Authority has not made a determination in respect of the person under subsection (2); the Authority must: (c) determine what was, immediately before the person’s death, his or her percentage of incapacity in relation to civil employment; and (d) classify the person under subsection (1) according to that percentage of incapacity, as if the person had not died. (2B) Where a deceased member of the scheme is classified under this section, the classification is taken to have had effect at all times on and after his or her retirement. (3) Where: (a) a member, within 3 months after becoming a contributor, is retired on the ground of invalidity or of physical or mental incapacity to perform his duties; and (b) the Authority 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 he became a contributor; and (ii) the condition was not aggravated, or was not materially aggravated, by his service as a member; subsection (1) does not apply in relation to him. (4) Where a person who has ceased to be a member again becomes a member (other than a person referred to in Part VIA as a re‑instated candidate to whom this Part applies), subsection (3) applies in relation to him as if he had become a contributor at the time he commenced to make contributions after again becoming a member. (5) This section does not apply to a person who retires on or after 1 October 1972. (6) Where a member who is a contributor has, before 1 October 1972, been retired otherwise than on the ground of invalidity or of physical or mental incapacity to perform his duties but the Chief of the Defence Force or a person authorized in writing by the Chief of the Defence Force informs the Authority that, at the time the member was retired, grounds existed on which he could have been retired on the ground of invalidity or of physical or mental incapacity to perform his duties, he may, for the purposes of this Act, be treated as if he had been retired on that ground.