Document ID: chunk:federal_register_of_legislation:C2022C00264:section:78:p3
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 78 (pt 3/4)
Character Range: 266628–269150

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 a person to whom partial invalidity pension is payable in accordance with this section becoming equal to or greater than his or her previous annual rate of salary, his or her entitlement to that pension is, by force of this subsection, cancelled.
 (4) Upon a person to whom partial invalidity pension is payable in accordance with this section ceasing to be an eligible employee, his or her entitlement to that pension is, by force of this subsection, cancelled.
 (5) Subject to subsection (6), a reference in this section to the previous annual rate of salary of a person to whom subsection (1) applies shall be read as a reference to the rate that was his or her annual rate of salary immediately before he or she became entitled to partial invalidity pension under this section.
 (6) Where at any time CSC, having regard to any changes in rates of remuneration which have occurred since a person referred to in subsection (5) became entitled to partial invalidity pension and which CSC considers to be relevant, is of the opinion that the previous annual rate of salary of the person should, for the purposes of this section, be a rate other than the rate referred to in subsection (5) or a rate specified by CSC in a previous determination made under this subsection, CSC may determine that, for the purposes of this section, the previous annual rate of salary of the person shall, from the date of the determination or such other date as is specified in the determination, be deemed to be such rate as is specified in the determination.
 (7) Subject to subsection (8), a reference in the preceding provisions of this section to the annual rate of the salary of a person to whom subsection (1) applies shall, notwithstanding any change in that rate of salary, be read as a reference to the rate that was his or her annual rate of salary on the day on which he or she became entitled to partial invalidity pension under this section.
 (8) Where at any time CSC, having regard to any changes in the annual rate of salary of a person referred to in subsection (7) which have occurred since he or she became entitled to partial invalidity pension and which CSC considers to be relevant, is of the opinion that the annual rate of salary of the person should, for the purposes of this section, be a rate other