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Regulation 56 Entitlement to ill-health pension: deferred member with permanent serious ill-healthI1

United Kingdom

(1)

A deferred member, who has not reached deferred pension age, is entitled to immediate payment of an ill-health pension if—

(a)

the member makes a claim to the scheme administrator for immediate payment of the pension;

(b)

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

(c)

in the opinion of the scheme manager, after consulting the scheme medical adviser, the member has suffered a permanent breakdown in health involving incapacity for any gainful full-time employment; and

(d)

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 deferred pension age.

(3)

A member entitled to immediate payment of an ill-health pension is entitled to—

(a)

an added pension of any description if the F1pensioner member’s account specifies an accrued pension of that description; and

(b)

a retirement club transfer earned pension, if the F2pensioner member’s account specifies a club transfer earned pension.

(4)

The annual rate of an ill-health pension, any added pension and any club transfer pension payable under this regulation is calculated in accordance with regulation 46 (annual rate of pension payable to deferred member who becomes a pensioner member) but without subtracting the early payment reduction.

Annotations

Textual amendments

F1

Words in reg. 56(3)(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), 11(a)

F2

Words in reg. 56(3)(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), 11(b)

Commencement

I1

Reg. 56 in force at 1.4.2015, see reg. 1(2)