18Determining person’s incapacity for civil employment

18 Determining person’s incapacity for civil employment

Mandatory determinations (1) At each time described in paragraph (2)(a), (b) or (c), CSC must, unless subsection (2A) applies, determine the percentage of a person’s incapacity for civil employment at that time if the person is at that time: (a) a covered ADF member who is about to be medically discharged while under 60; or (b) an invalid.

Note: When CSC makes a determination:

(a) section 19 (which deals with substantive classification) may require CSC to classify the person as class A, class B or class C, depending on the determination; or
(b) section 20 (which deals with interim classification) may permit or require CSC to classify the person as class B if the percentage determined is at least 30% but CSC needs more information to determine whether the percentage is at least 60%.

(2) The times for making a determination are as follows: (a) a single time before, or as soon as reasonably practicable after, the person’s medical discharge; (b) if CSC has classified the person as class A or class B under section 19—a single time 12 to 36 months after the first such classification; (c) if CSC has classified the person as class B under section 20—a single time within 3 months after the last such classification; (d) if CSC may classify the person as class B under subsection 20(2) but chooses not to do so—the first time after making the choice at which it is reasonably practicable to make a determination with more information about the percentage of the person’s incapacity. Determinations if section 31A applies (2A) If section 31A applies to a person, CSC must, as soon as reasonably practicable after the time CSC becomes satisfied as mentioned in paragraph 31A(b) in relation to the person, determine what was the percentage of the person’s incapacity for civil employment at the time of the person’s medical discharge.

Note: Under section 31A, a person is taken in certain circumstances to have been medically discharged even though he or she ceased to be a covered ADF member for a different reason.

(2B) If, because of the determination under subsection (2A), CSC classifies the person as class A or class B under section 19, CSC may, at the time it makes that determination, also determine what was the percentage of the person’s incapacity for civil employment at any time or times that occurred after the person’s medical discharge.

Note: For determining the person’s incapacity at a time occurring after CSC makes the determination under subsection (2A), see subsection (4).

Determinations not required if pension not payable because of Subdivision C (3) Despite subsections (1) to (2B), CSC is not required to make a determination at a time if CSC is satisfied then that invalidity pension is not payable for the person’s incapacity because of Subdivision C. Discretionary determination after substantive classification (4) At any time after CSC first classified a person as class A or class B under section 19, CSC may determine the percentage of a person’s incapacity for civil employment at that time.