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Regulation 51 Entitlement to ill-health pension: active member with permanent serious ill-heathI1

United Kingdom

(1)

An active member who has not reached normal pension age is entitled to immediate payment of an ill-health pension if—

(a)

in the opinion of the scheme manager, the member has suffered a permanent breakdown in health involving incapacity for any gainful full time employment;

(b)

the scheme manager has received evidence from a registered medical practitioner that the member is, and will continue to be, incapable of carrying on their occupation because of physical or mental impairment;

(c)

the member has at least 2 years’ qualifying service or a transfer value payment otherwise than from another occupational pension scheme has been accepted in relation to the member under Part 8 (Transfers);

(d)

the member is not entitled to an ill-health pension under regulation 52(1) (entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment); and

(e)

the scheme manager has agreed to the member becoming so entitled.

(2)

For the purpose of these Regulations, a member’s breakdown in health is “permanent” if the scheme manager is of the opinion that the breakdown will continue until the member reaches normal pension age.

(3)

A member entitled to immediate payment of an ill-health pension is entitled to an added pension of any description if the F1pensioner member’s account specifies an accrued added pension of that description.

(4)

The annual rate of an ill-health pension and any added pension payable under this regulation is calculated in accordance with regulation 54 (annual rate of ill-health pension: active members with permanent serious ill-health).

Annotations

Textual amendments

F1

Words in reg. 51(3) substituted (1.4.2015) by The Armed Forces Pension Scheme and Early Departure Payments Scheme (Amendment) Regulations 2015 (S.I. 2015/466), regs. 1(2), 9

Commencement

I1

Reg. 51 in force at 1.4.2015, see reg. 1(2)