(1)

Where-

(a)

upon or after a person's ceasing to be an eligible employee, he becomes entitled to invalidity pension or a deferred benefit by way of invalidity pension becomes payable to him;

(b)

that invalidity pension becomes payable to the person in accordance with section 67, 68 or 70 of the Act, or the deferred benefit is by way of such invalidity pension;

(c)

his entitlement to that pension or deferred benefit is cancelled under sub-section 76 (1) of the Act upon his again becoming an eligible employee, or his entitlement to the deferred benefit is cancelled under sub-section 143 (2) of the Act and he again becomes an eligible employee;

(d)

he again ceases to be an eligible employee before attaining his maximum retiring age by reason of death;

(e)

upon or after his so ceasing again to be an eligible employee orphan pension becomes payable in respect of him by virtue of section 98, 100, 103 or 104 of the Act; and

(f)

in the application of section 98, 100, 103 or 104 of the Act as the case may be, in relation to the person-

(i)

in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), the pension or the deferred benefit by way of pension became payable in accordance with section 67 of the Act-paragraph 98 (4) (b), 100 (4) (a) or (b), 103 (3) (b), or 104 (3) (a) or (b) of the Act applies in relation to him;

(ii)

in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), pension or deferred benefit by way of pension became payable in accordance with section 68 of the Act-paragraph 100 (4) (b), sub-section 100 (5) or paragraph 104 (3) (b) of the Act applies in relation to him; and

(iii)

in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), pension or deferred benefit by way of pension became payable in accordance with section 70 of the Act-paragraph 98 (4) (b), 100 (4) (b), 103 (3) (b) or 104 (3) (b) of the Act applies in relation to him,

then, the annual rate of pension payable in respect of the person under section 98, 100, 103 or 104 of the Act, as the case may be, upon or after his so ceasing again to be an eligible employee as referred to in paragraph (d), shall not be less than the rate of pension that is the prescribed rate of pension in relation to the person.

(2)

The reference in sub-regulation (1) to the prescribed rate of pension in relation to a person is a reference to the rate of pension that would have been payable in respect of the person upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (d) if-

(a)

upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of invalidity pension had become payable to him in accordance with-

(i)

in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of an invalidity pension became payable in accordance with section 67 of the Act and in respect of whom paragraph 98 (4) (b) or 103 (3) (b) of the Act applies-section 68 of the Act;

(ii)

in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of an invalidity pension became payable in accordance with section 67 of the Act and in respect of whom paragraph 100 (4) (a) or 104 (3) (a) of the Act applies-section 70 of the Act;

(iii)

in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of an invalidity pension became payable in accordance with section 70 of the Act and in respect of whom paragraph 98 (4) (b) or 103 (3) (b) of the Act applies-section 71 of the Act; and

(iv)

in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of an invalidity pension became payable in accordance with section 67, 68 or 70 of the Act and in respect of whom paragraph 100 (4) (b), sub-section 100 (5) or paragraph 104 (3) (b) of the Act applies-section 71 of the Act;

(b)

after ceasing to be an eligible employee as referred to in paragraph (1) (a) he had not again become an eligible employee; and

(c)

in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of invalidity pension became payable in accordance with section 67 or 68 of the Act and in respect of whom, upon his ceasing to be an eligible employee as referred to in paragraph (1) (d) of this regulation, paragraph 100 (4) (a) or 100 (4) (b), sub-section 100 (5), or paragraph 104 (3) (a) or (b) of the Act applies-there had been added to what was his period of contributory service upon his ceasing to be an eligible employee as referred to in paragraph (1) (a) the aggregate of the period during which pension or deferred benefit by way of pension was payable to him in accordance with section 67 or 68 of the Act, as the case may be, and the period that is or, if section 8 of the Act applies in relation to him, would but for that section be his period of contributory service upon his ceasing to be an eligible employee as referred to in paragraph (1) (d).