44Interim invalidity pensions

44 Interim invalidity pensions

(1)  If the Commission determines, under regulation 96 , that a contributor meets the criteria for interim invalidity and that contributor has been absent from duty on sick leave without pay for a continuous period of 30 days –

(a) that contributor is entitled to a pension equal to 75% of the salary that he or she would have received in respect of the previous period of 12 months if he or she had continued to be employed in his or her usual capacity; and

(b) that pension is payable from the later of the following days:

(i) the day on which the Commission receives the application for an invalidity benefit under regulation 96 ;

(ii) the day after the last day of the period of 30 days' sick leave without pay; and

(c) that pension is payable for a period determined by the Commission not exceeding 2 years.

(2)  If, after such inquiry as he or she thinks fit, the Commission is satisfied that a contributor has reduced his or her hours of work for medical reasons, the Commission may, for the purpose of subregulation (1) , determine that the contributor's salary is to be an amount that it considers to be fair and equitable.

(3)  An interim invalidity pension is subject to indexation as provided by regulation 63 .

(4)  If the period for which an interim invalidity pension payable to a contributor under this regulation has expired, the pension ceases and unless –

(a) the Commission grants a total and permanent incapacity benefit to the contributor; or

(b) the Commission grants a partial and permanent incapacity benefit to the contributor; or

(c) the contributor returns to duty –

the contributor is taken to have ceased to be a member of the contributory scheme as from the cessation of the interim invalidity pension.

(5)  On the cessation of a contributor's membership under subregulation (4)  –