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SECTION 6: FAMILY BENEFITS
  

Part 5 – Invalidity pensions for permanently incapacitated children of members
  

Eligibility
  

Persons who may be nominated for invalidity pension
  
6.45 Any person may nominate for an invalidity pension under Rule 6.49 a person who:
  
  (i) would be an eligible child under Part 2 of this Section if the member were to die; and
  
  (ii) is permanently incapacitated; and
  
  (iii) is wholly or mainly dependent on the member;
  
  provided that the total amount payable by the member in respect of his periodical contributions under Section 2 and Rule 3.22 does not exceed 13 % of his current pensionable earnings. Any nomination under this Rule shall be made in writing to the Authority. A member may not have more that one valid nomination in force under this Rule at any one time.
  
Meaning of "permanently incapacitated"
  
6.46 For the purposes of Rule 6.45 "permanently incapacitated" means that because of a specific mental or physical disability which is likely to be permanent, the child in question is unlikely in the opinion of the Authority to be able to earn his own living.
  
Ground for invalidity of nomination
  
6.47 A nomination under Rule 6.45 shall cease to be valid if:
  
  (i) the member revokes it; or
  
  (ii) the nominee ceases to be permanently incapacitated; or
  
  (iii) the nominee ceases to be wholly or mainly dependent on the member, except that at the Authority’s discretion a break in dependence may be disregarded if the Authority are satisfied that the break is temporary only; or
  
  (iv) the nominee dies; or
  
  (v)

the nominee marries the member.
  

 

A nominee will be regarded as ceasing to be wholly or mainly dependent on the member if the nominee enters a hospital or institution maintained by the State and ceases to be maintained by the member.
  

Interpretation of Rules 6.47 to 6.60
  
6.48 In Rules 6.47 to 6.60, "member" means a member who has made a nomination under Rule 6.45 and "nominee" means the person nominated by him under that Rule.
  
Person to whom invalidity pension shall be paid
  
6.49 If a member dies:
  
  (i) in service before 1 April 1980 and with 5 or more years’ qualifying service; or
  
  (ii) in service on or after 1 April 1980; or
  
  (iii) after leaving employment with a pension under Rule 4.03, an ill-health pension under Rule 5.01 or 5.04, or a preserved pension under Rule 5.09 and either;
  
    (a) had completed 5 or more years’ qualifying service;
  
    or
  
    (b) died on or after 1 April 1980;
  
  and if his nomination is still valid an invalidity pension shall be payable to such person as the Authority may think proper: provided that, if that person is not the nominee, the pension shall be applied for the benefit of the nominee.
  
Duration of invalidity pension
  
6.50 An invalidity pension payable under Rule 6.49 will be paid from the day after the member’s death, or (if later) from the date the nominee reaches the age of 17. The pension will continue in payment until the date of the nominee’s death except where the nominee marries, or lives with a man as his wife or lives with a woman as her husband, in which case the pension will cease unless the Authority are satisfied that there are compassionate grounds for continuing or restoring it.
  

Amount of invalidity pension
  

6.51 The annual amount of an invalidity pension payable under Rule 6.49 shall be one-eightieth of the member’s pensionable final earnings (calculated where appropriate with regard to the last sentence of Rule 6.54) multiplied by one-half of his reckonable service calculated (in years and fractions of a year) in accordance with Rule 6.54(i). Where Rule 6.49(iii) applies, the invalidity pension may be increased under Rule 4.40 as if it had been awarded at the time the member left employment.
  
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