Document ID: chunk:federal_register_of_legislation:F2022C00514:reg:28
Version: federal_register_of_legislation:F2022C00514
Segment Type: reg
Provision Reference: reg 28
Character Range: 81994–83542

28  Invalidity benefits for person classified as Class B
 (1) Where a person who is entitled to invalidity benefits is classified as Class B:
 (a) subject to Part 10, his or her member benefit is payable to him or her as a lump sum, in accordance with Part 11; and
 (b) subject to Parts 10 and 10A, a pension is payable to him or her at an annual rate equal to:
 (i) half the rate of the pension which would have been payable to him or her if he or she had been classified as Class A; or
 (ii) the rate of the pension which would have been payable to him or her if he or she:
 (A) had been retired otherwise than on the ground of invalidity; and
 (B) were entitled to elect to convert his or her employer benefit into a pension and had elected to do so;
  whichever is the greater.
 (2) A person who is entitled to be paid a member benefit under subrule (1) may elect that, instead of that benefit being paid to him or her, there be applicable to him or her a preserved benefit of the amount of the benefit and if he or she so elects:
 (a) the member benefit is not payable to him or her as a lump sum; and
 (b) there is applicable to him or her a preserved benefit of that amount.
 (3) If a person who is entitled to be paid a member benefit under subrule (1):
 (a) does not request that the benefit be paid to him or her as a lump sum; and
 (b) does not make an election under subrule (2);
within the period of 3 months after becoming entitled to the benefit, there is applicable to him or her a preserved benefit of the amount of that benefit.