76Cancellation of invalidity pension where invalidity pensioner again becomes eligible employee etc.

#### 76 Cancellation of invalidity pension where invalidity pensioner again becomes eligible employee etc. (1) Upon a person to whom invalidity pension is payable again becoming an eligible employee, his or her entitlement to that pension is, by force of this subsection, cancelled. (2) Where: (a) a person, upon ceasing to be an eligible employee, becomes entitled to invalidity pension; (b) his or her entitlement to that pension is cancelled under subsection (1) upon his or her again becoming an eligible employee; and (c) he or she again ceases to be an eligible employee before attaining his or her maximum retiring age by reason of death or retirement on the ground of invalidity; the annual rate of any pension that becomes payable under this Act to or in respect of him or her upon or after his or her again ceasing to be an eligible employee as referred to in paragraph (c) shall not be less than: (d) in the case of pension payable to the person: (i) the rate at which the invalidity pension referred to in paragraph (a) would have been payable to him or her if he or she had not again become an eligible employee; or (ii) if a lesser rate is applicable in relation to him or her under the regulations—that lesser rate; and (e) in the case of pension payable in respect of the person: (i) the rate at which that pension would have been payable in respect of him or her if he or she had not again become an eligible employee; or (ii) if a lesser rate is applicable in relation to him or her under the regulations—that lesser rate. (3) If: (a) a person’s entitlement to an invalidity pension has, whether before or after the commencement of this subsection, been cancelled under subsection (1) upon the person’s becoming an eligible employee; and (b) the person so became an eligible employee as a result of having been appointed to an office or position on probation; and (c) after that commencement the person ceases to be an eligible employee before attaining the person’s maximum retiring age; and (d) the person so ceased to be an eligible employee as a result of the appointment not being confirmed because the person had a physical or mental condition; the person is entitled to invalidity pension, and subsection (2) applies, for the purpose of calculating the annual rate of that pension, as if the person had so ceased to be an eligible employee by reason of retirement on the ground of invalidity.