Commonwealth Numbered Acts

DEFENCE FORCE (PAPUA NEW GUINEA) RETIREMENT BENEFITS ACT 1973 No. 86 of 1973 - SECT 45

45. (1) The Board may, from time to time, if it is satisfied that the
percentage of incapacity of a person classified under section 43 has altered,
or, because of the nature of his employment, should be varied, reclassify him
accordingly.

(2) Where a person is reclassified, the Board shall specify the date from
which the reclassification has effect and, on and from that date, the person
shall, for the purposes of this Act, be deemed to have been, or to be, as the
case may be, classified accordingly.

(3) The power of the Board to specify a date under sub-section (2) extends to
specifying a date earlier than the date on which the relevant reclassification
is made, but, in the case of a pensioner, not earlier than the day immediately
following the day on which the last payment of his pension became due.

(4) If, upon reclassification as Class C, a person would, but for this
sub-section, be entitled in accordance with section 44 to invalidity benefit
consisting of a refund of the amount of his contributions and a gratuity, he
is entitled to that benefit only to the extent that it exceeds the sum of the
payments of pension received by him as invalidity benefit.