Section 52Part 3 — Defined Contributions
Disability retirement
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52. (1) An active or a deferred vested defined contribution plan member who becomes permanently disabled shall be eligible to retire from Service with an immediate pension, effective on the date of that person's permanent disability, provided such permanent disability is certified by the Chief Medical Officer, and shall be entitled to receive —
that person's accrued benefit determined on that person's benefit commencement date distributed in accordance with section 58; and
an amount equal to the excess, if any, of twelve times such plan member's final average pensionable earnings determined on the date of that person's retirement over the actuarially equivalent present value of the plan member's accrued benefit, payable to the plan member as a lump sum.
Where a plan member to whom a pension is being provided under subsection (1) is found by the Chief Medical Officer to be no longer disabled or is re-appointed to that person's prior office or appointed to an office in Service which the Administrator determines to be similar, the payment of that person's pension shall be suspended until the earlier of —
the plan member's attainment of normal retirement age; or
the later to occur of the plan member's subsequent termination from Service or attainment of early retirement age.
A plan member whose pension is suspended under subsection (2) shall resume active participation in the defined contribution part on the date of that person's re-employment.
Where a plan member to whom a pension is being provided under this section is re-appointed to an office in Service which the Administrator determines to be dissimilar to the office that person held immediately prior to the onset of permanent disability, section 23 shall apply to the plan member.