Document ID: chunk:federal_register_of_legislation:F2022C00514:reg:22
Version: federal_register_of_legislation:F2022C00514
Segment Type: reg
Provision Reference: reg 22
Character Range: 67438–68942

22  Classification in respect of incapacity
 (1) Subject to rule 22A, where a member is, or is about to be, retired on the ground of invalidity, CSC or the Committee must determine the percentage of incapacity in relation to civil employment of the invalidity retiree and must classify the retiree according to the percentage of incapacity as follows.

Percentage of incapacity       Class
60% or more                    A
30% or more but less than 60%  B
Less than 30%                  C

 (2) In determining, for the purposes of subrule (1), the percentage of incapacity in relation to civil employment of an invalidity retiree, CSC or the Committee must have regard to the following matters only:
 (a) the vocational, trade and professional skills, qualifications and experience of the retiree;
 (b) the kinds of civil employment which a person with the skills, qualifications and experience referred to in paragraph (a) might reasonably undertake;
 (c) the degree to which the physical or mental impairment of the retiree that is the cause of the invalidity by reason of which he or she has been, or is to be, retired has diminished his or her capacity to undertake the kinds of civil employment referred to in paragraph (b).
 (3) The death of a person after he or she has been retired on the ground of invalidity does not prevent the classifying of the person under subrule (1).
 (4) This rule does not apply to a person who, by reason of rule 32, 33 or 34, is not entitled to invalidity benefits.