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.