Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p24
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 24/48)
Character Range: 89389–91800

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.
Effect of change of invalidity classification on pension and preserved benefit
29. (1) Where a person who is classified as Class A or Class B is reclassified as Class C:
     (a) the pension payable to him or her under rule 27 or 28 is cancelled; and
     (b) there is applicable to him or her a preserved benefit of the amount of his or her employer benefit.
(2) If a person referred to in subrule (1) is subsequently reclassified as Class A or Class B:
     (a) the preserved benefit referred to in that subrule ceases to be applicable to him or her; and
     (b) a pension is payable to him or her in accordance with rule 27 or 28, as the case may be, from the date specified under rule 23 by CSC or the Committee, as the case may be, as the date from which the reclassification has effect.
Person may be treated as having been retired on ground of invalidity
30. (1) Where a person has been retired otherwise than on the ground of invalidity but, after his or her retirement, CSC is satisfied that, at the time the person was retired, grounds existed on which he or she could have been retired on the ground of invalidity, CSC may, for the purposes of these Rules, treat the person as if he or she had been retired on the last‑mentioned ground.
(2) Where, because of action taken under subrule (1), a person is classified as Class A or Class B under rule 22:
     (a) so much of the preserved benefit applicable to him or her under rule 12, 13 or 14 as consists of employer benefit ceases to be applicable to him or her; and
     (b) a pension is payable to him or her in accordance with rule 27 or 28, as the case may be.
Subdivision C—Invalidity Benefits Not Payable
Person classified as Class C
31. A person who is classified as Class C is not