28Invalidity benefits for person classified as Class B

28 Invalidity benefits for person classified as Class B

(1) Where a person who is entitled to invalidity benefits is classified as Class B: (a) subject to Part 10, his or her member benefit is payable to him or her as a lump sum, in accordance with Part 11; and (b) subject to Parts 10 and 10A, a pension is payable to him or her at an annual rate equal to: (i) half the rate of the pension which would have been payable to him or her if he or she had been classified as Class A; or (ii) the rate of the pension which would have been payable to him or her if he or she: (A) had been retired otherwise than on the ground of invalidity; and (B) were entitled to elect to convert his or her employer benefit into a pension and had elected to do so; whichever is the greater. (2) A person who is entitled to be paid a member benefit under subrule (1) may elect that, instead of that benefit being paid to him or her, there be applicable to him or her a preserved benefit of the amount of the benefit and if he or she so elects: (a) the member benefit is not payable to him or her as a lump sum; and (b) there is applicable to him or her a preserved benefit of that amount. (3) If a person who is entitled to be paid a member benefit under subrule (1): (a) does not request that the benefit be paid to him or her as a lump sum; and (b) does not make an election under subrule (2); within the period of 3 months after becoming entitled to the benefit, there is applicable to him or her a preserved benefit of the amount of that benefit.