77ADisability pensioner retiring due to ill health

77A Disability pensioner retiring due to ill health (1) If the Board has made a determination (whether before, on or after the commencement of section 25 of the **Superannuation Acts (Miscellaneous Amendments) Act 1995**) that a person in receipt of a pension under section 34 or 54 who has not attained the minimum age for retirement is again able to perform his or her duties or any other duties for which the disability pensioner is suited by education, training or experience or for which the disability pensioner would be suited as a result of retraining, the former disability pensioner may within the prescribed period apply to the Board to retire on the grounds of ill health and receive a payment under this section. (2) If the Board determines that the application should be granted, the Board must pay the former disability pensioner— (a) in the case of a pension under section 34, a lump sum benefit calculated under section 44(1)(a); or (b) in the case of a pension under section 54, a benefit calculated under section 56— as if it were payable as at the date that the disability benefit was first granted and indexed in accordance with section 91 from the date that the disability benefit was first granted until the date of the determination as if it were a pension first payable on the date that the disability benefit was first granted. (3) If the former disability pensioner accepts a payment under subsection (2), the Board is released from any liability to make any further payments to, or in respect of, any entitlements of the former disability pensioner or any of his or her dependants and this Act ceases to apply to the former disability pensioner. (4) In this section, ***prescribed period*** means— (a) in the case of a determination specified in subsection (1) made before the commencement of section 25 of the **State Superannuation (Miscellaneous Amendments) Act 1995**, the period specified in paragraph (c) or the period of 90 days after that commencement, whichever is later; (b) in the case of a determination specified in subsection (1) made on or after the commencement of section 25 of the **State Superannuation (Miscellaneous Amendments) Act 1995**, if the former disability pensioner does not apply for a review of the determination, the period of 90 days after the determination; (c) in the case of a determination specified in subsection (1) made before, on or after the commencement of section 25 of the **State Superannuation (Miscellaneous Amendments) Act 1995**, if the former disability pensioner has applied or does apply for a review of the determination, the period of 30 days after— (i) the Board confirms the determination on review; or S. 77A(4)(c)(ii) substituted by No. 52/1998 s. 311(Sch. 1 item 84.1). (ii) in the case of an application to the Victorian Civil and Administrative Tribunal, the Tribunal affirms the determination on review. S. 77B inserted by No. 95/2000 s. 7.