31Benefit on retirement through disability

31 Benefit on retirement through disability

S. 31(1) amended by No. 110/1993 s. 129(2)(c).

(1) If a member retires on the ground of disability before the age of 60 years he or she is entitled to a pension for life at the rate of one-twelfth of the accrued retirement benefit which would have been payable if the member had retired at 60 years of age and was contributing at 5 per cent of salary from the date of retirement until the date on which he or she would attain 60 years of age as if his or her final average salary at the date of retirement had been his or her final average salary at the date on which he or she would attain 60 years of age.

S. 31(2) amended by No. 82/1996 s. 73(a).

(2) If a former member continues to receive a pension under subsection (1) until he or she attains 65 years of age, he or she may elect to receive a lump sum equal to his or her accrued retirement benefit calculated at the date of retirement instead of continuing to receive a pension under subsection (1).

S. 31(3) amended by No. 82/1996 s. 73(a).

(3) Despite subsections (1) and (2), the Board may at its discretion determine that instead of the pension at the rate under subsection (1) the former member is to receive—

S. 31(3)(a) amended by No. 84/1998 s. 54.

(a) a lump sum equal to a part or all of the accrued retirement benefit; and

(b) a pension at the rate of one-twelfth of the balance of the accrued retirement benefit

in the proportions determined by the Board.

S. 31(4) amended by Nos 4/1996
s. 129, 82/1996 s. 73(a)(b).

(4) If the former member dies before attaining the age of 65 years the Board must pay to the dependants that it determines a lump sum equal to—

D means the accrued retirement benefit that would have been payable if he or she had died on the date of retirement less any lump sum payment made by the Board under subsection (3)(a);

X means the number of instalments of pension already paid.

S. 31(4A) inserted by No. 37/2007 s. 49.

(4A) If subsection (4) applies and there are any dependants, the Board may in its discretion pay the whole or part of the benefit to the personal representative of the former member.

S. 31(4B) inserted by No. 37/2007 s. 49.

(4B) For the purposes of subsection (4A), personal representative has the same meaning as it has in section 5(1) of the Administration and Probate Act 1958.

S. 31(5) inserted by No. 120/1994 s. 75.

(5) A person is not entitled to a benefit under this section if the person has ceased to be employed and the cessation of employment was not on the ground of disability.