Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p18
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 18/48)
Character Range: 75147–78037

service by the person in respect of which the person paid contributions under Part 2 or contributions under section 17 of the 1973 Act;
"relevant provisions" means subparagraph (e) (ii) of Schedule 9 and paragraph 1(b) of Schedule 10.
Division 2—Invalidity Benefits
Subdivision A—Incapacity Classification
Establishment of Incapacity Classification Committee
17. CSC must establish an Incapacity Classification Committee.
Membership of Committee
18. (1) The Committee comprises such number of persons as CSC determines.
(2) The qualifications of each member of the Committee are such as CSC determines.
Functions of Committee
19. (1) The functions of the Committee are to exercise, at the request of CSC and subject to any directions given by CSC, the powers and functions under rules 22 and 23.
(2) When determining the classification of, or reclassifying, an invalidity retiree, the Committee:
     (a) must take into account any evidence relating to that retiree that is made available or submitted to it; and
     (b) may take steps to obtain any other evidence that it considers necessary to properly determine the classification.
(3) CSC must make available to the Committee any medical or other evidence that it has concerning the invalidity retiree whose classification or reclassification is being considered and that is relevant to his or her classification.
Proceedings of Committee
20. Subject to any directions given by CSC, the Committee may regulate its proceedings as the Committee thinks fit.
Decisions by Committee
21. The Committee must notify CSC of its decision as to the classification or reclassification of an invalidity retiree, giving reasons for its decision.
Classification in respect of incapacity
22. (1) Where a member is 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 retired has diminished his or her capacity to undertake the kinds of civil employment referred to in paragraph (b).
(3) The death of a