Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p40
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 40/48)
Character Range: 126431–129067

the pension would have been payable to him or her at the beginning of the year if his or her classification, on and after the date on which he or she became entitled to the pension, had been in accordance with the reclassification.
(2) Where:
     (a) a person to whom an invalidity pension was payable ceased to be entitled to an invalidity pension because of his or her reclassification under rule 23; and
     (b) in consequence of a further reclassification under that rule during a prescribed year he or she again becomes entitled to an invalidity pension;
the rate at which the pension is payable to him or her on and after the date from which the latter reclassification has effect is the rate at which the pension would have been payable to him or her if:
     (c) he or she had not ceased to be entitled to an invalidity pension in consequence of the first mentioned reclassification; and
     (d) his or her classification, on and after the date on which he or she first became entitled to an invalidity pension, had been in accordance with the further reclassification.
(3) Where:
     (a) a person to whom an invalidity pension was payable ceased to be entitled to an invalidity pension because of his or her reclassification under rule 23; and
     (b) in consequence of a further reclassification under that rule after his or her death he or she would, had he or she not died, have again become entitled to an invalidity pension;
then, for the purpose of calculating benefits for any surviving spouse or eligible child of the invalidity pensioner, the invalidity pensioner is to be taken to have been, immediately before his or her death, in receipt of an invalidity pension at the rate at which that pension would have been payable to him or her if:
     (c) he or she had not ceased to be entitled to invalidity pension in consequence of the first‑mentioned reclassification; and
     (d) his or her classification, on and after the date on which he or she first became entitled to an invalidity pension, had been in accordance with the further reclassification.
(4) Upon a preserved benefit becoming applicable to a person under subrule 29 (1), the unfunded employer benefit included in that preserved benefit is increased as if:
     (a) that preserved benefit had become applicable to the person on the person's retirement; and
     (b) this Part had applied, since that retirement, to the unfunded employer benefit included in the preserved benefit.
Date of effect of increase
60. (1) An increase by virtue of this Part in the rate of a pension that:
     (a) was payable; or
     (b) under subrule 56 (3) is treated