Document ID: chunk:federal_register_of_legislation:C2022C00264:section:78:p2
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 78 (pt 2/4)
Character Range: 264319–266842

day immediately preceding the day on which he or she became entitled to partial invalidity pension.
             C is an amount per annum equal to his or her previous annual rate of salary; and
             D is an amount per annum equal to his or her annual rate of salary; or
 (ii) if the annual rate of his or her salary is, at that time, less than one‑half of his or her previous annual rate of salary—such annual rate as CSC, in its discretion, determines, being an annual rate not less than the rate that would be payable to the person if subparagraph (i) applied to him or her; or
 (b) where:
 (i) there was in force in respect of the person, immediately before he or she became entitled to partial invalidity pension in accordance with this section, a benefit classification certificate; and
 (ii) CSC is of the opinion that the physical or mental incapacity referred to in subsection (1) was caused, or substantially contributed to, by a physical or mental condition or conditions specified in the certificate or a physical or mental condition or conditions connected with such a condition or such conditions;
  then:
 (iii) if the annual rate of his or her salary, at that time, is not less than one‑half of his or her previous annual rate of salary—an amount per annum ascertained in accordance with the formula:

  where:
             A is an amount per annum equal to the annual rate at which invalidity pension would have been payable to him or her in accordance with section 71 if he or she had become entitled to invalidity benefit on the day on which he or she became entitled to partial invalidity pension and had made an election under subsection 71(1) and if subsection 71(4A) did not apply to him or her.
             B is an amount per annum equal to the annual rate that would have been his or her final annual rate of salary if he or she ceased to be an eligible employee on the day immediately preceding the day on which he or she became entitled to partial invalidity pension.
             C is an amount per annum equal to his or her previous annual rate of salary; and
             D is an amount per annum equal to his or her annual rate of salary; or
 (iv) if the annual rate of his or her salary is, at that time, less than one‑half of his or her previous rate of salary—such annual rate as CSC, in its discretion, determines, being an annual rate not less than the rate that would be payable to the person if subparagraph (iii) applied to him or her.
 (3) Upon the annual rate of salary of