Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:55:p29
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 55 (pt 29/83)
Character Range: 475146–478000

future earnings.

Suspension due to failure to provide information
10.11.5 Where an invalidity pensioner fails to provide information required by CSC under Rule 10.11.2, CSC may suspend his/her pension with effect from a date specified, provided that:
         (a) CSC is satisfied there was no reasonable excuse for the failure to provide the information; and
         (b) the date of suspension is not earlier than the day after the expiry of the period within which provision of the information was required.
10.11.6 CSC must notify in writing the invalidity pensioner, or the person acting on his/her behalf, of the suspension.
10.11.7 Where a pension is suspended under Rule 10.11.5 and the invalidity pensioner or the person acting on his/her behalf, subsequently provides the required information, CSC will revoke the suspension from such date as CSC determines.

Cancellation of suspended pension
10.11.8 If an invalidity pension has been suspended under Rule 10.11.5 for a period of 12 months CSC may cancel the entitlement to invalidity pension, unless the invalidity pensioner had reached age 59 before his/her pension was last suspended.  CSC must notify in writing the invalidity pensioner, or the person acting on his/her behalf, of the cancellation.

Invalidity pension rate to be reduced or suspended
10.11.9 The annual pension rate payable to an invalidity pensioner is to be reduced (see Rule 10.11.12) or the pension suspended (see Rule 10.11.13) during any period when the invalidity pensioner's Earnings exceed his/her Notional Income.  For this purpose:
Earnings are the sum of:
         (a) the annual pension rate that would have been payable if:
             (i) the invalid pensioner had chosen to take his/her whole invalidity benefit accrual as a pension; and
             (ii) that rate had not been reduced or suspended by any earlier applications of this Rule; and
         (b) his/her annual personal earnings rate, as estimated by CSC under Rule 10.11.4; and

Notional Income is the amount determined under:

         (a) Rule 10.11.10 where the invalidity pensioner ceased to be a member before 1 July 2003; or
         (b) Rule 10.11.11 where the invalidity pensioner ceased to be a member after 30 June 2003.
10.11.10 Where the invalidity pensioner ceased to be a member before 1 July 2003:
         (a) the amount of Notional Income on any day before 1 July 2003 is the greater of:
             (i) $33,732, increased on 1 January 2002, and compounded each subsequent 1 July and 1 January, in accordance with the increases, if any, applying to pensions under Rule 9.6.1 and Rule 9.6.3; or
             (ii) 75% of the annual rate of salary determined by CSC as that which would have been payable to the pensioner had he/she continued to be a member; and
         (b) the amount of Notional Income on any day after 30