54Board to make determination as to entitlement to disability benefits

54 Board to make determination as to entitlement to disability benefits

S. 54(1) amended by Nos 10258 s. 10(zf), 82/1996 s. 53(a), 61/2013 s. 19.

(1) Where a member applies to the Board to retire on the grounds of disability or under section 53(2), the Board shall in its absolute discretion make a determination as follows—

S. 54(1)(a) amended by No. 82/1996 s. 53(b).

(a) refuse to grant an entitlement to disability benefits where the Board decides that the member is not suffering from a disability;

S. 54(1)(b) amended by Nos 9978 s. 11(a), 82/1996 s. 53(c).

(b) grant temporary benefit payments for a period not exceeding six months, where in the opinion of the Board the member's health might vary substantially in that period; or

S. 54(1)(c) amended by No. 40/2010 s. 62.

(c) grant an entitlement to full disability benefits.

S. 54(2) amended by Nos 9978 s. 11(b), 82/1996 s. 53(c).

(2) The Board may in its absolute discretion grant further temporary benefit payments for a period not exceeding six months in addition to that granted under paragraph (b) of subsection (1).

S. 54(3) substituted by No. 9978 s. 11(c), amended by Nos 82/1996 s. 53(c), 74/2000 s. 3(Sch. 1 item 115.2).

(3) A temporary benefit payment granted under subsection (1)(b) or subsection (2) shall be payable fortnightly at a rate equal to one half of the salary of the member immediately prior to the determination.

S. 54(4) amended by No. 82/1996 s. 53(d)(e).

(4) During or immediately after any period granted pursuant to subsection (1)(b) or (2) the Board shall make a determination whether the member is or is not disabled.

S. 54(5) amended by No. 82/1996 s. 53(f)(g).

(5) Where the Board is satisfied that the member is not disabled and refuses to return to his or her employer before the expiration of 14 days after the Board advises him of the determination of the Board, the member shall not be entitled to disability benefits and shall be deemed to have resigned as at the date of the determination made under subsection (1)(a) or (4).