Document ID: chunk:federal_register_of_legislation:C2022C00264:section:78:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 78 (pt 1/4)
Character Range: 261966–264556

78  Partial invalidity pension where eligible employee's salary decreases for health reasons
 (1) Subject to section 78A, if the annual rate of salary of an eligible employee who has not attained his or her maximum retiring age and is not entitled to partial invalidity pension in accordance with section 77 decreases under such circumstances that CSC is satisfied that the decrease can properly be regarded as attributable to physical or mental incapacity and:
 (a) the number of complete years included in the period that would have been his or her period of contributory service if he or she had ceased to be an eligible employee on the day immediately preceding the day on which that rate decreases is not less than 8 years; or
 (b) where the number of complete years included in that period is less than 8 years:
 (i) a benefit classification certificate is not in force in respect of him or her immediately before that last‑mentioned day; or
 (ii) a benefit classification certificate is so in force in respect of him or her but CSC is of the opinion that the physical or mental incapacity was not 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;
he or she is entitled to a partial invalidity pension in accordance with this section.
 (2) The annual rate of partial invalidity pension to which a person is, at any time, entitled by virtue of subsection (1) is:
 (a) except where paragraph (b) applies:
 (i) if the annual rate of his or her salary is, at that time, 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 68 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 68(1) and if subsection 68(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