Regulation 75 Annual rate of ill-health awardsI1

The annual rate of a lower tier ill-health pension and of a higher tier ill-health pension is calculated as follows.

The annual rate of a lower tier ill-health pension is calculated in accordance with paragraphs (2)(a) and (2)(b) of regulation 68 (annual rate of retirement pension (active members)), but without subtracting the early payment reduction.

The annual rate of a higher tier ill-health pension is calculated by multiplying the annual amount of the adjusted lower tier ill-health pension by the member’s assumed period of pensionable service and by 2%.

In the case of a member who is entitled to an equivalent amount to the NFPS lower tier ill-health pension or to an equivalent amount to the 1992 Scheme lower tier ill-health pension, the adjusted lower tier ill-health pension includes the adjusted equivalent amount.

Where regulation 74(2B) applies and the determination in regulation 74(2C) is that a lower tier ill-health pension or a higher tier ill-health pension would have been payable on 31 March 2022, the scheme manager must—

Regulations 77 (review of ill-health award or early payment of retirement pension) and 78 (consequences of review) apply to any amounts payable as a result of regulation 75(3B)(c).

Where regulation 74(2B) applies if, after an ill-health award becomes payable under this scheme, a transfer value payment is made under rule F9 (payment of transfer values) of the 1992 Scheme in respect of the member’s rights under that scheme and the transfer relates to a period of service included as qualifying service in relation to that member’s retirement account, the scheme manager must deduct from the amount of ill-health award an amount in respect of service in the 1992 Scheme which is equal to the value represented by that transfer value payment.

In this regulation—

• F3“the adjusted equivalent amount” (“y swm cyfwerth addasedig”) means—

  1. (a)

     in the case of a member who is entitled to an equivalent amount to the NFPS lower tier ill-health pension, that amount calculated—

     1. (i)

        excluding from the calculation the amount of any additional period of service purchased under Part 11 of the NFPS, and

     2. (ii)

        without the deduction of any commuted portion; and

  2. (b)

     in the case of a member who is entitled to the equivalent amount to the 1992 Scheme lower tier ill-health pension, that amount calculated without the deduction of any commuted portion;

• “the adjusted lower tier ill-health pension” (“y pensiwn addasedig afiechyd haen isaf”) means the lower tier ill-health pension payable under paragraph (2) calculated—

  1. (a)

     excluding an amount equal to the amount of any added pension which had been included in the calculation of the lower tier ill-health pension, and

  2. (b)

     without the deduction for any commuted portion of the pension;

• “the member’s assumed period of pensionable service” (“cyfnod tybiedig gwasanaeth pensiynadwy yr aelod”) means the period expressed in years—

  1. (a)

     beginning with the day after the member’s continuous period of pensionable service ceased, and

  2. (b)

     ending with the day before the day on which the member would reach normal pension age.