77BRe-instatement of certain disability pensioners

77B Re-instatement of certain disability pensioners (1) This section applies if the Board is satisfied that the application of a former disability pensioner to retire on the grounds of ill health and receive a payment under section 77A was materially influenced by an offer, or the prospect of an offer, of employment by the Department of Education, Employment and Training under the New Start Program or any other program which the Board determines to be similar to the New Start Program. (2) An application for re-instatement under this section must be made— (a) within the period of 6 months after the commencement of section 7 of the **Superannuation Acts (Beneficiary Choice) Act 2000**; or (b) within such further period of time as the Board may determine. (3) If this section applies, subject to subsection (4), the Board must re-instate the former disability pensioner as an officer entitled to a disability pension with the same rights and entitlements that he or she would have had if he or she had not retired on the grounds of ill health and sections 75, 76 and 77 apply accordingly. (4) It is a condition of any re-instatement under this section that the former disability pensioner must immediately repay to the Board an amount determined by the Board on the advice of an actuary appointed by the Board. (5) The advice of the actuary should take into account— (a) the amount received under section 77A(2); (b) interest at the rate for the time being fixed under section 2 of the **Penalty Interest Rates Act 1983** on the amount received under section 77A(2); (c) any amount received in the course of gainful employment within the meaning of section 77(2) during the relevant period; (d) an amount determined by the Board on the advice of the actuary to be equal to the present value of the disability pension that the former disability pensioner would have received during the relevant period had he or she remained a disability pensioner; (e) any other amount which the Board determines to be relevant. (6) In subsection (5), ***relevant period*** means the period beginning on the date of retirement under section 77A and ending on the proposed date of re-instatement. (7) For the purposes of subsection (4)— (a) the Board may require the former disability pensioner to provide to the Board within 45 days any returns and information which the Board specifies; and (b) the determination of the Board has effect as at the date of re-instatement. S. 77B(8) amended by No. 70/2003 s. 27. (8) If in the opinion of the Board the former disability pensioner is willing but financially unable to immediately repay the amount determined by the Board under subsection (4), the Board may re‑instate the former disability pensioner if he or she enters an agreement with the Board to accept a reduction in his or her pension entitlement of an amount and for a period as is determined by the Board so as to recover the amount determined under subsection (4) and interest on that amount at the rate for the time being fixed by the Board based on the Treasury bond rate (within the meaning of section 16 of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997) for that period. (9) An agreement under subsection (8) must contain a condition that if the person or a dependent, spouse or other beneficiary of that person becomes entitled to a pension or benefit under this Act and any amount is still owing under the agreement, the pension or benefit is to be reduced by that amount. (10) The Board may deduct from any money payable out of the Fund to any person referred to in subsection (9) in respect of any pension or benefit under this Act any money owing under an agreement under this section. S. 78 (Heading) inserted by No. 27/2001 s. 5(Sch. 3 item 5.15).