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: Start formula start fraction A over B end fraction open bracket C minus D close bracket end 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.