Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:55:p18
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 55 (pt 18/83)
Character Range: 445494–448453

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 compensation payments.
10.5.6 The annual rate of partial invalidity pension payable to a member under Rule 10.5.5 is an amount determined by CSC having regard to the principles incorporated in this Division, including the principles for calculating partial invalidity pensions, and the need for equity between members

Regular member — salary decreased for health reasons
10.5.7 A regular member who is not a limited benefits member, and who has not reached his/her maximum retiring age is entitled to a partial invalidity pension if:
         (a) his/her basic salary and/or recognised allowances decrease because he/she is working:
         (i) reduced hours; and/or
         (ii) in a lower position or level; and
         (b) CSC is satisfied the decrease in basic salary and/or recognised allowances is permanent and can properly be attributed to physical or mental incapacity;
unless the decrease in basic salary and/or recognised allowances:
         (A) is a result of a compensable condition that entitles the member to be paid compensation payments; or
    (B) occurred within three years after the earlier of the date the member:
         (i) last became a member; or
             (ii) first became a limited benefits member in any concurrent period or periods of membership;
         and CSC is satisfied the member failed to disclose, at that time, medical or other information that could have reasonably resulted in CSC determining that he/she was a limited benefits member.

For this purpose the member's basic salary immediately before the decrease includes, if CSC so directs, higher duties allowances received by the member but not otherwise regarded as salary.

10.5.8 The annual rate of partial invalidity pension payable to a member under Rule 10.5.7 is calculated using the following formula:

where:

                  Invalidity Pension Rate is the rate of pension that would have been payable if he/she had retired on invalidity grounds on the day before the date of the decrease and had chosen to take his/her whole benefit as pension; and

Average Salary before is his/her average salary on the day before the date of the
                  Decrease decrease; and

                  Salary Decrease is the decrease in basic salary and/or recognised allowances referred to in Rule 10.5.7.

Regular member — salary not decreased or CSC not wholly satisfied
10.5.9 CSC may decide that a regular member who is not entitled to a partial invalidity pension under Rule 10.5.7 is entitled to a partial invalidity pension if CSC is satisfied that:
         (a) although the member's basic salary and any recognised allowances did not decrease:
             (i) he/she is working reduced hours,