Regulation 52 Entitlement to ill-health pension: active member with significant impairment of capacity for gainful employmentI1
United Kingdom
An active member who has not reached normal pension age is entitled to the immediate payment of an ill-health pension if—
in the opinion of the scheme manager—
the member has suffered a breakdown in health, as a result of which, their capacity for F1... gainful employment is significantly impaired; and
the breakdown will continue until the member reaches normal pension age;
the scheme manager has received evidence from a registered medical practitioner that the member is, and will continue to be, incapable of F2carrying on their occupation because of physical or mental impairment;
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);
the member is not entitled to an ill-health pension under regulation 51(1) (entitlement to ill-health pension: active member with permanent serious ill-health); and
the scheme manager has agreed to the member becoming so entitled.
A member entitled to immediate payment of an ill-health pension is entitled to—
an added pension of any description if the F3pensioner member’s account specifies an accrued added pension of that description; and
a retirement club transfer earned pension, if the F4pensioner member’s account specifies a club transfer earned pension.
The annual rate of an ill-health pension and any added pension payable under this regulation is to be calculated in accordance with regulation 55 (annual rate of ill-health pension: active members with significant impairment of capacity for gainful employment).
Annotations
Textual amendments
- F1
Word in reg. 52(1)(a)(i) omitted (with effect from 1.4.2015) by virtue of The Armed Forces Pension (Amendment) Regulations 2026 (S.I. 2026/523), regs. 1(b), 4(2)(a), 6
- F2
Words in reg. 52(1)(b) substituted (with effect from 1.4.2015) by The Armed Forces Pension (Amendment) Regulations 2026 (S.I. 2026/523), regs. 1(b), 4(2)(b), 6
- F3
Words in reg. 52(2)(a) 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), 10(a)
- F4
Words in reg. 52(2)(b) 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), 10(b)