77Partial invalidity pension payable in certain circumstances where invalidity pensioner again becomes eligible employee

#### 77 Partial invalidity pension payable in certain circumstances where invalidity pensioner again becomes eligible employee (1) Where the annual rate of salary of a person referred to in section 76 is, on the day on which he or she again becomes an eligible employee, less than the annual rate of his or her retirement salary, he or she is entitled to a partial invalidity pension in accordance with this section. (2) The annual rate of partial invalidity pension to which a person is, at any time, entitled by virtue of subsection (1) is: (a) if the annual rate of his or her salary is, at that time, not less than one‑half of the annual rate of his or her retirement salary—an amount per annum ascertained in accordance with the formula:  where: > A is: (i) if invalidity pension was payable to the person in accordance with section 67 immediately before he or she became entitled to partial invalidity pension—the amount per annum equal to the annual rate at which invalidity pension would have been payable to him or her in accordance with section 68 immediately after his or her retirement on the ground of invalidity if he or she had made an election under subsection 68(1) and subsection 68(4A) did not apply to him or her; (ii) if invalidity pension was payable to the person in accordance with section 70 immediately before he or she became entitled to partial invalidity pension—the amount per annum equal to the annual rate at which invalidity pension would have been payable to him or her in accordance with section 71 immediately after his or her retirement on the ground of invalidity if he or she had made an election under subsection 71(1) and subsection 71(4A) did not apply to him or her; or (iii) in any other case—the amount per annum equal to the annual rate at which invalidity pension was payable to him or her immediately after his or her retirement on the ground of invalidity. > B is an amount per annum equal to his or her final annual rate of salary on the day that was his or her last day of service before he or she became entitled to the invalidity pension that was payable to him or her immediately before he or she became entitled to partial invalidity pension. > C is an amount per annum equal to the annual rate of his or her retirement salary; and > D is an amount per annum equal to his or her annual rate of salary; or (b) if the annual rate of his or her salary is, at that time, less than one‑half of the annual rate of his or her retirement salary—such annual rate as CSC, in its discretion, determines, being an annual rate not less than the rate that would be payable to the person if paragraph (a) applied to him or her. (3) Upon the annual rate of salary of a person to whom partial invalidity pension is payable in accordance with this section becoming equal to or greater than the annual rate of his or her retirement salary, his or her entitlement to that pension is, by force of this subsection, cancelled. (4) Upon a person to whom partial invalidity pension is payable in accordance with this section ceasing to be an eligible employee, his or her entitlement to that pension is, by force of this subsection, cancelled. (5) Subject to subsection (6), a reference in this section to the annual rate of the retirement salary of a person to whom subsection (1) applies shall be read as a reference to the rate that was his or her annual rate of salary immediately before he or she last ceased to be an eligible employee. (6) Where at any time CSC, having regard to any changes in rates of remuneration which have occurred since the retirement of a person referred to in subsection (5) and which CSC considers to be relevant, is of the opinion that the annual rate of the retirement salary of the person should, for the purposes of this section, be a rate other than the rate referred to in subsection (5) or a rate specified by CSC in a previous determination made under this subsection, CSC may determine that, for the purposes of this section, the annual rate of the retirement salary of the person shall, from the date of the determination or such other date as is specified in the determination, be deemed to be such rate as is specified in the determination. (7) Subject to subsection (8), a reference in the preceding provisions of this section to the annual rate of the salary of a person to whom subsection (1) applies shall, notwithstanding any change in that rate of salary, be read as a reference to the rate that was his or her annual rate of salary on the day on which he or she again became an eligible employee. (8) Where at any time CSC, having regard to any changes in the annual rate of salary of a person referred to in subsection (7) which have occurred since he or she again became an eligible employee and which CSC considers to be relevant, is of the opinion that the annual rate of salary of the person should, for the purposes of this section, be a rate other than the rate referred to in subsection (7) or a rate specified by CSC in a previous determination made under this subsection, CSC may determine that, for the purposes of this section, the annual rate of the salary of the person shall, from the date of the determination or such other date as is specified in the determination, be deemed to be such rate as is specified in the determination.