Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:55:p17
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 55 (pt 17/83)
Character Range: 442698–445740

pension if:
         (a) he/she was a regular member immediately before becoming an invalidity pensioner; and
         (b) his/her basic salary and recognised allowances, if any, on the date he/she last became a member is less than the sum of the:
             (i) basic salary payable at whatever salary increment point may have applied to the member immediately before becoming an invalidity pensioner, including, if CSC directs, amounts in respect of the temporary performance of the duties of a higher classified position or office; and
             (ii) recognised allowances, if any;
         that would have been payable had he/she continued to be a member;
and
         (c) the decrease in basic salary and/or recognised allowances is a result of him/her resuming employment and working:
             (i) reduced hours; and/or
             (ii) in a lower position or level;
and

         (d) CSC is satisfied the decrease in basic salary and/or recognised allowances is permanent and can properly be attributed to the member's physical or mental incapacity;
unless the decrease in basic salary and/or recognised allowances is a result of a compensable condition that entitles the member to be paid compensation payments.
10.5.4 The annual rate of partial invalidity pension payable to a member under Rule 10.5.3 is calculated using the formula:

where:

                  Invalidity Pension Rate is the invalidity pension rate payable on the day he/she last became an invalidity pensioner; and
                  Average Salary at Exit is his/her average salary immediately before last becoming entitled to an invalidity pension; and
                  Salary Decrease is the decrease in basic salary and/or recognised allowances referred to in Rule 10.5.3

Former invalidity pensioner — salary not decreased or CSC not wholly satisfied
10.5.5 CSC may decide that a member who was an invalidity pensioner immediately before last becoming a member is entitled to partial invalidity pension, even though he/she is not entitled to such a pension under Rule 10.5.3, if it is satisfied that:
         (a) although the member's basic salary and/or recognised allowances did not decrease:
             (i) he/she is working reduced hours, or working in a lower position or level; and
             (ii) the reduction in hours or lower position or level is permanent and can properly be attributed to the member's physical or mental incapacity; or
         (b) although the member's basic salary and/or recognised allowances did decrease, the whole of the decrease was not considered to be permanent or properly attributable to his/her physical or mental incapacity, but:
         (i) part of the decrease in remuneration is permanent; and
             (ii) that part can properly be attributed to the member's physical or mental incapacity;
unless the reduced hours or lower position or level or the lesser basic salary and/or recognised allowances as appropriate, are a result of a compensable condition that entitles the member to be paid