57Payments at age 65 and on death before age 65 of a partial disability pensioner

57 Payments at age 65 and on death before age 65 of a partial disability pensioner

(1) When a disability benefit is reduced the balance of the beneficiary's account arising from lump sum benefits shall be reduced in the same proportion as the rate of disability pension.

(2) On the attainment of age 65 by a partial disability pensioner—

(a) the pension then payable shall be increased if necessary to the rate of pension that the member would have been entitled to receive if he had resigned on the day his disability benefits were first reduced according to section 56 and had elected to receive a deferred benefit;

(b) a lump sum would be paid equal to the greater of—

(i) the balance of his beneficiary's account; and

(ii) an amount calculated by deducting from the lump sum he would have been entitled to receive if he had resigned on the day his disability benefits commenced and had elected to receive a deferred benefit the sum of—

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where D is the total of payments from his beneficiary's account since the date of his disability T is the total years of employment taken into account in calculating benefits at the date of his disability including, where appropriate, prospective employment and P is the number of years of prospective employment included in T.

(3) Subject to section 45, on the death before age 65 of a partial disability pensioner there shall be paid—

S. 57(3)(a) amended by No. 27/2001 s. 5(Sch. 3 item 4.13).

(a) to the partner of the deceased pensioner during the life of the partner a pension of an amount equal to two-thirds of the pension which would have been payable to the pensioner pursuant to subsection (2) if he had attained the age of 65 at the date of his death;

S. 57(3)(b) amended by No. 27/2001 s. 5(Sch. 3 item 4.13).

(b) to the partner of the deceased pensioner a lump sum equal to the lump sum which would have been payable to the pensioner pursuant to subsection (2);

S. 57(3)(c) substituted by No. 120/1994 s. 51.

(c) in respect of each of the children of the deceased pensioner, a pension in accordance with section 45(1)(b).

S. 57(4) substituted by No. 27/2001 s. 5(Sch. 3 item 4.14).

(4) If a partial disability pensioner dies before the age of 65 without leaving a partner, the Board must pay the balance of any lump sum held in the pensioner's name in the Fund to the pensioner's personal representative.