34Pension entitlement on retirement through disability

34 Pension entitlement on retirement through disability S. 34(1) substituted by No. 40/2010 s. 75(1). (1) A revised scheme member who retires on the ground of disability is entitled to his or her revised scheme member's pension. S. 34(2) repealed by No. 40/2010 s. 75(1). S. 34(3) amended by No. 40/2010 s. 75(2). (3) A pension under subsection (1) is to be paid from a date not later than the date of retirement of the revised scheme member as the Board determines. (4) Despite subsection (3), if a revised scheme member— (a) has retired on the ground of disability; and (b) was absent from duty by reason of that disability before the date of his or her retirement; and S. 34(4)(c) amended by No. 81/1988 s. 28(b). (c) has exhausted his or her entitlement to paid leave before the date of his or her retirement— he or she may make an election under subsection (5) at his or her date of retirement. (5) The revised scheme member may elect to receive a pension— S. 34(5)(a) amended by No. 110/1993 s. 71(2). (a) calculated from the date on which he or she ceased to be entitled to paid leave at the rate applicable to his or her final average salary at that date; or S. 34(5)(b) amended by No. 110/1993 s. 71(2). (b) at the rate applicable to the final average salary at the date of his or her retirement. S. 34(6) amended by No. 4/1996 (6) If a revised scheme member elects to receive a pension in accordance with subsection (5)(a), he or she is entitled to a refund of any contributions made after the date on which his or her entitlement to paid leave ceased and interest at the rate which is the prescribed rate under section 46(1). (7) Even though a revised scheme member may have been incapable of forming, or unwilling to form, an intention to retire, he or she is to be taken to have retired on the ground of disability for the purpose of this section if— (a) the Board has determined under section 83 that he or she is unable by reason of disability to perform his or her duties; and (b) within 6 months of the determination he or she is dismissed from his or her employment as an officer or that employment is otherwise terminated and no reason other than disability is given for the dismissal or termination. S. 34(8) inserted by No. 61/2013 s. 20. (8) A revised scheme member who ceases employment after the commencement of section 20 of the **Superannuation Legislation Amendment Act 2013** may at any time within the period of 6 years from the date on which they cease employment apply to the Board for the payment of a pension in accordance with this section. S. 34(9) inserted by No. 61/2013 s. 20. (9) For the purposes of subsection (8), a reference in this section to the retirement of the revised scheme member is to be construed as a reference to the revised scheme member ceasing employment.