Regulation 21 Retirement under 65 due to ill-health: entitlement to ill-health enhanced pension

(1)

This regulation applies where—

(a)

a member (“P”) retires (whether before, on or after the commencement day);

(b)

on the day on which P retires, P has not reached the age of 65; and

(c)

the ill-health certification condition is met in relation to P.

(2)

On the pension start day, P becomes entitled to the payment for life of a pension.

(3)

In this regulation “the pension start day” means—

(a)

the day after that on which P retires, or

(b)

if later, the commencement day.

(4)

Where, apart from this paragraph, P would be entitled to—

(a)

a pension under this regulation, and

(b)

a pension under—

(i)

regulation 14 (retirement between the ages of 60 and 65: entitlement to reduced pension),

(ii)

regulation 15 (retirement under the age of 60 due to removal from judicial office: entitlement to reduced pension), or

(iii)

regulation 17 (retirement under the normal pension age: entitlement to preserved pension),

P is not entitled to any pension mentioned in sub-paragraph (b).