45Retirement through invalidity—amount of pension

#### 45 Retirement through invalidity—amount of pension (1) Where a contributor is retired on the ground of invalidity or physical or mental incapacity to perform his duties, he shall: (a) if the invalidity or incapacity is not due to wilful action on his part for the purpose of obtaining pension—be entitled to the full pension for which he was contributing at the time of his retirement and to the pension (if any) that would have been payable to him in respect of non‑contributory units of pension if he had attained the age of sixty‑five years at that time; and (b) if the invalidity or incapacity is due to wilful action on his part for the purpose of obtaining pension—be entitled to a refund of the contributions paid by him to the Fund. (2) Where a person: (a) appointed prior to the commencement of the Superannuation Act 1937 as an officer under section 21 of the Australian Soldiers’ Repatriation Act 1920, section 15 of the War Service Homes Act 1918, section 14A of the Science and Industry Research Act 1920‑1926 or section 9 of the High Commissioner Act 1909; or (b) in respect of whom a notice was published in pursuance of subsection (4) of section 4 of the Superannuation Act 1922‑1942 or of that Act as amended by an Act or Acts passed prior to the Superannuation Act 1954 and whose appointment to the statutory office was made prior to the commencement of the Superannuation Act 1942; became or becomes a contributor and, within seven years after becoming a contributor, was or is retired on the ground of invalidity or physical or mental incapacity to perform his duties, or has died or dies, any pension payable under this Act shall be paid from the Fund and the Commonwealth shall pay to the Fund the amount of pension so paid. (3) Where a person referred to in the second proviso to section 4B of the Superannuation Act 1922‑1952 has retired or retires, within three years after the date on which he commenced to contribute to the Fund, on the ground of invalidity or of physical or mental incapacity to perform his duties, or has died or dies within that period: (a) any pension payable under this Act shall be paid from the Fund; (b) the Commonwealth shall pay to the Fund the amount of pension so paid; and (c) the approved authority shall pay to the Commonwealth the amount paid by the Commonwealth to the Fund and may apply for that purpose any moneys under the control of the approved authority. (4) This section does not apply to a contributor who is retired on or after 1 July 1976.