Document ID: chunk:federal_register_of_legislation:C2022C00288:section:52:p1
Version: federal_register_of_legislation:C2022C00288
Segment Type: section
Provision Reference: s 52 (pt 1/4)
Character Range: 35600–38169

52  Rate or amount of invalidity benefit
 (1) A person who is entitled to invalidity benefit and is classified as Class A under subsection 51(2) is entitled to a pension at a rate of such amount per annum as is ascertained by multiplying the amount of $91 by the number that is his category number on the date of his retirement.
 (2) A person who is entitled to invalidity benefit, is classified as Class B under subsection 51(2) and was an officer immediately before his retirement is entitled to a pension:
 (a) if, immediately before his retirement, he had completed 20 years' service for pension but had not attained the retiring age for the rank held by him at that time—at the rate at which pension would be payable to an officer of the same category as the category of the person immediately before his retirement who became entitled to a pension under section 38 upon retiring on attaining the retiring age for the rank held by the person immediately before his retirement;
 (b) if, immediately before his retirement, he had completed 20 years' service for pension and had attained the retiring age for the rank held by him at that time—at the rate at which pension would be payable to him under section 38 if he were not entitled to invalidity benefit; or
 (c) in any other case—at whichever is the lesser of the following rates:
 (i) the rate at which pension would be payable to an officer of the same category as the category of the person immediately before his retirement who became entitled to a pension under section 38 upon retiring on attaining the retiring age for the rank held by the person immediately before his retirement; or
 (ii) a rate equal to one‑half of the rate at which pension would be payable to him if he were classified as Class A under subsection 51(2).
 (3) A person who is entitled to invalidity benefit, is classified as Class B under subsection 51(2) and was not an officer immediately before his retirement is entitled to a pension:
 (a) if, immediately before his retirement, he had completed 20 years' service for pension—at the rate at which pension would be payable to him under section 41 if he were not entitled to invalidity benefit; or
 (b) in any other case—at the rate at which pension would be payable to a member of the same category as the category of the person immediately before his retirement who became entitled to a pension under section 41 upon retiring on completing 20 years' service for pension.
 (4) Where a person to whom paragraph (3)(a) applies retired before completing the engagement under which he