39Benefit on total and permanent invalidity before early retirement age

#### 39 Benefit on total and permanent invalidity before early retirement age 39 Benefit on total and permanent invalidity before early retirement age > > (1) The benefit provided by this section is payable by STC to a contributor where, before attaining the early retirement age, the contributor ceases to be employed by an employer and STC is satisfied— > > > > > (a) that the contributor’s cessation of employment was due, directly or indirectly, to the permanent physical or mental incapacity of the contributor (not caused by any act or default of the contributor intended to produce that incapacity), and > > > > > (b) that the contributor is, when the contributor ceases to be employed by the employer, permanently unable, by reason of that incapacity, to be engaged, or to be employed, in any remunerative occupation in which, in the opinion of STC, it would otherwise be reasonable to expect the contributor to engage. > > > (2) The benefit provided by this section is an amount equal to the sum of— > > > > > (a) the amount of the contributor-financed benefit, > > > > > (b) an amount of employer-financed benefit calculated in accordance with the formula— > > > > > > %20AND%20(No%3D211)%20AND%20(Year%3D1987)%20AND%20(%22Historical%20Document%22%3D0))/g8.gif) > > > where— > > > > > > E represents the amount to be ascertained, > > > > > > S represents the higher of the contributor’s final salary or the contributor’s final average salary, and > > > > > > A represents the accrued benefit points for the contributor at the contributor’s exit date, and > > > > > (c) where an approval under section 20 (Additional benefit) is in force—the amount of the additional benefit. > > > (3) STC is entitled to rely on a certificate by an employer as to any matter mentioned in subsection (1) (a) if it thinks fit. > > > (4) If STC makes a determination under section 45A in relation to a benefit to be provided by this section, the amount of that benefit is reduced by the amount specified in STC’s determination. > > **s 39:** Am 1988 No 136, Sch 1 (5); 1993 No 111, Sch 5 (14); 1996 No 39, Sch 4; 1997 No 42, Sch 1.7 \[8\] \[9\].