State Employees Retirement Benefits Act 1979

If the Board has made a determination that a disability pensioner who has not attained the age of 60 years is again able to perform his or her duties or any other duties for which the disability pensioner is suited by education, training or experience or for which the disability pensioner would be suited as a result of retraining, the former disability pensioner may within the prescribed period apply to the Board to retire on the grounds of ill health and receive a payment under this section.

If the Board determines that the application should be granted, the Board must pay the former disability pensioner a lump sum benefit—

calculated under section 34A(a) on the total amount of contributions up to the date that the disability benefit was first granted; and

increased by the interest rate determined by the Board under section 37(1)(a) for each year or part of a year between that date and the date of the determination.

If the former disability pensioner accepts a payment under subsection (2), the Board is released from any liability to make any further payments to, or in respect of, any entitlement of the former disability pensioner or of any of his or her dependants and this Act ceases to apply to the former disability pensioner.

In this section, prescribed period means—

if the former disability pensioner does not apply for a review of the determination specified in subsection (1), the period of 90 days after the determination; and

if the former disability pensioner does apply for a review of the determination specified in subsection (1), the period of 30 days after—

the Board confirms the determination on review; or

in the case of an application to the Victorian Civil and Administrative Tribunal, the Tribunal affirms the determination on review.