71Election where benefit reduced on medical grounds, period of contributory service not less than 8 years

#### 71 Election where benefit reduced on medical grounds, period of contributory service not less than 8 years (1) A person: (a) who becomes, or is about to become, entitled to invalidity benefit by virtue of subsection 66(2); and (b) whose period of contributory service, at the time of his or her so becoming entitled to invalidity benefit is not, or will not be, less than 8 years; may, not later than 3 months after becoming, but not earlier than 3 months before he or she becomes, so entitled, elect, by notice in writing to CSC, that, in lieu of benefit being payable in accordance with section 70, pension and lump sum benefit be paid in accordance with this section. (2) Where a person makes an election under subsection (1) and the period of prospective service of the person is not less than 30 years, then, subject to subsection (4A), the annual rate of the pension to which the person is entitled is: (a) if the person’s period of contributory service consists exactly of a number of complete years—such percentage of the person’s final annual rate of salary as, having regard to the number of complete years included in that period of contributory service, is applicable in accordance with columns 1 and 3 of Schedule 5; or (b) if paragraph (a) does not apply—such percentage of the person’s final annual rate of salary as, having regard to the number of complete years, and the part of a year, included in the person’s period of contributory service, is calculated in accordance with the formula: ; where: > P is the percentage referred to in paragraph (a); and > D is the number of days in that part of a year. (3) Where a person makes an election under subsection (1) and the period of prospective service of the person is less than 30, but is not less than 20, years, then, subject to subsection (4A), the annual rate of the pension to which the person is entitled is an amount per annum calculated by: (a) ascertaining the amount per annum that is: (i) if the person’s period of prospective service consists exactly of a number of complete years—such percentage of the person’s final annual rate of salary as, having regard to the number of complete years included in that period of prospective service, is applicable in accordance with columns 1 and 3 of Schedule 6; or (ii) if subparagraph (i) does not apply—such percentage of the person’s final annual rate of salary as, having regard to the number of complete years, and the part of a year, included in the person’s period of prospective service, is calculated in accordance with the formula: ; and (b) multiplying the amount so ascertained by: (i) if the person’s period of contributory service consists exactly of a number of complete years—such factor as, having regard to that number of years, is applicable in accordance with Schedule 7; or (ii) if subparagraph (i) does not apply—such factor as, having regard to the number of complete years, and the part of a year, included in the person’s period of contributory service, is calculated in accordance with the formula: ; where: > P is the percentage referred to in subparagraph (a)(i); and > D1 is the number of days in the part of a year referred to in subparagraph (a)(ii); and > F is the factor referred to in subparagraph (b)(i); and > D2 is the number of days in the part of a year referred to in subparagraph (b)(ii). (4) Where a person makes an election under subsection (1) and the period of prospective service of the person is less than 20 years, then, subject to subsection (4A), the annual rate of the pension to which the person is entitled is: (a) if the person’s period of contributory service consists exactly of a number of complete years—such percentage of the person’s final annual rate of salary as, having regard to that number of complete years, is applicable in accordance with columns 1 and 3 of Schedule 8; or (b) if paragraph (a) does not apply—such percentage of the person’s final annual rate of salary as, having regard to the number of complete years, and the part of a year, included in the person’s period of contributory service, is calculated in accordance with the formula: ; where: > P is the percentage referred to in paragraph (a); and > D is the number of days in the part of a year included in the person’s period of contributory service. (4A) If: (a) a person makes an election under subsection (1); and (b) the person’s surcharge debt account is in debit when invalidity pension becomes payable to the person; and (c) the person does not make an election under section 80B; the annual rate of the pension to which the person is entitled is the rate worked out as provided in subsection 80D(1). (5) Where a person makes an election under subsection (1), the lump sum benefit to which the person is entitled is an amount equal to the person’s accumulated contributions. (6) A person who makes an election under section 72 is not entitled to make an election under subsection (1) of this section.