Dirty Deeds:
Stamps
Member is either currently: defer your MBF payments and receive payments from elsewhere.
It reads defer or "exclude" - lets not leave out that part. It is not the Member who decides to defer (or exclude) it is the Fund. Herein lies the issue, it should be up to the member whether to defer payments or take a disability payment from their private funded policy (MBF) regardless of what arrangements they are on with WC - also worth noting that it's not only WC that constitutes "periodical or other payments."
Yes, the current rules has the capacity to exclude payments in similar circumstance - but the new rule seems to attempt to make this more prescriptive or available to the Trustees. If not, then why bother with the rule change? Perhaps this is the real question at play.