Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:55:p19
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 55 (pt 19/83)
Character Range: 448179–451151

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, or working in a lower position or level; and
             (ii) the reduction in hours or lower position or level is permanent and can properly be attributed to the member's physical or mental incapacity; or
         (b) although the member's basic salary and any recognised allowances did decrease, the whole of the decrease was not considered to be permanent or properly attributable to his/her physical or mental incapacity, but:
             (i) part of the decrease is permanent; and
             (ii) that part of the decrease can properly be attributed to the member's physical or mental incapacity;

unless the reduced hours or lower position or level or lesser salary, as appropriate:

         (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.

10.5.10 The annual rate of partial invalidity pension payable to a member under Rule 10.5.9 is an amount determined by CSC having regard to the principles, including the principles for calculating partial invalidity pensions, incorporated in this Division and the need for equity between members.

Adjustment of partial invalidity pensions
10.5.11 CSC may adjust the rate of partial invalidity pension payable if:
         (a) the member's basic salary and recognised allowances, if any, again decrease and CSC is satisfied that the decrease can properly be attributed to physical or mental incapacity of the member; or
         (b) while there is no change in the member's basic salary and recognised allowances, if any:
         (i) his/her hours of work reduce or further reduce; or
         (ii) he/she changes employment to a lower position or level;
         and CSC is satisfied that the change in working circumstances can properly be attributed to physical or mental incapacity of the member; or
         (c) the member's basic salary and recognised allowances, if any, increase, but not to a level equal to, or greater than, the basic salary and recognised allowances, if any, applicable to the duties of the position or office held by the member before whichever is applicable of:
         (i) his/her invalidity retirement; or
             (ii) the reduction in his/her basic salary and/or recognised allowances, if any, that gave rise to