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Part III · Benefits

56. Discretion to compute the qualifying period and the rate of monthly invalidity pension

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(1)

Notwithstanding the provisions of sections 17, 17A, 20

and 29 and the Eighth Schedule, the Organization may take into account, for the purposes of computing the qualifying period for invalidity pension, survivors’ pension, funeral benefit and the rates of monthly invalidity pension and survivors’ pension, any contribution in respect of an insured person which, though due under this Act, have not actually been paid.

(2)

If, but for taking into account contributions referred to in subsection (1), a person would not complete the qualifying period or would be entitled to the invalidity pension or survivors’ pension at a lower rate, the actuarial present value of the pension or such part of the pension as is attributable to the contributions taken into account in subsection (1), may be recovered by the Organization from the employer who has failed to pay the aforesaid contributions, or if there is more than one such employer, from all of them, in proportion to the amount of contributions they failed to pay.

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