State Employees Retirement Benefits Act 1979
56Board may review condition of recipient of disability benefits
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56 Board may review condition of recipient of disability benefits
(1) The Board may at any time review the question as to whether a member receiving disability benefits still suffers from a disability and, if it so determines, review the extent of disability.
S. 56(2) substituted by No. 10258 s. 10(zh)(i).
(2) If the Board determines that a member is gainfully employed it may—
(a) reduce benefits; or
S. 56(2)(b) amended by No. 4/1996 s. 100(2).
(b) suspend benefits; or
S. 56(2)(c) inserted by No. 4/1996 s. 100(2).
(c) cancel benefits.
S. 56(2A) inserted by No. 10258 s. 10(zh)(i).
(2A) For the purposes of this section a member is to be taken as gainfully employed if the member is receiving remuneration that is derived wholly or partly from labour provided by the member whether under a contract of service or otherwise.
S. 56(3) amended by No. 10258 s. 10(zh)(ii), repealed by No. 4/1996 s. 100(3).
S. 56(4) amended by Nos 10258 s. 10(zh)(iii) (A)(B), 4/1996 s. 100(4).
(4) A determination to reduce, suspend or cancel benefits shall not take effect for a period of 3 months from the date of the determination.
S. 56(5) inserted by No. 10258 s. 10(zh)(iv), amended by No. 4/1996 s. 100(5).
(5) The Board may from time to time review a determination to reduce benefits and may, in its discretion, further reduce benefits or increase benefits or cancel benefits.
S. 56(6) inserted by No. 10258 s. 10(zh)(iv).
(6) The Board may at any time require a member receiving disability benefits to provide to the Board within 45 days such returns and information relating to the financial circumstances of the member as the Board may require for the purposes of this section and if the member fails or refuses to do so the Board may suspend or cancel the disability benefits and thereupon they shall cease to be payable.