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Regulation D8 Ill-health retirement grantsF1I1

Northern Ireland

(1)

Where a member—

(a)

ceases to hold a local government employment by reason of being permanently incapable of discharging efficiently the duties of that employment by reason of ill-health or infirmity of mind or body,

(b)

regulation D7 does not apply to him because he does not have a statutory pension entitlement, but

(c)

his total period of membership is at least one year,

then, subject to paragraph (3), he is entitled to be paid a lump sum (“an ill-health retirement grant”).

(2)

The amount of the ill-health retirement grant is the lesser of—

(a)

one twelfth of the member’s pensionable remuneration, multiplied by the length in years of his total period of membership, or

(b)

three eightieths of his pensionable remuneration, multiplied by the length in years of the total period of membership he would have been entitled to count if—

(i)

he had continued as a member of the Scheme until the age of 65, and

(ii)

any added period payments had been completed.

(3)

Paragraph (1) does not apply if—

(a)

the member ceased to hold his employment in consequence of any such offence or misconduct as are mentioned in regulation C21(4), or

(b)

apart from this regulation, the member is entitled to any payment out of the fund, other than a return of contributions, or

(c)

where the grant to which a member would be entitled under paragraph (1), calculated in accordance with paragraph (2), is no more than the net amount he would receive if a return of contributions were made to him (including an increase under regulation K19 where that regulation applies) he shall instead be entitled to such a return of contributions (so increased where appropriate).

(4)

Without prejudice to any subsequent decision under regulation J3 (decisions as to benefits) F2or regulation 98 of the 2002 Regulations (first instance decisions), the Committee shall notify a person who falls within paragraph (1) (other than one to whom paragraph (3)(a) applies), in writing and as soon as is reasonably practicable, of the amount of the ill-health retirement grant to which he would be entitled if he were and remained a person to whom this regulation applies.

Annotations

Textual amendments

F1

Regulations revoked (1.4.2015) by The Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/189), regs. 1(1), 2, Sch. 2 (with savings and transitional provisions in reg. 3, Sch. 5)

F2

Words in reg. D8(4) inserted (1.2.2003) by Local Government Pension Scheme (Amendment No. 2 and Transitional Provisions) Regulations (Northern Ireland) 2002 (S.R. 2002/353), reg. 1(1), Sch. 4 para. 5 (with Sch. 5)

Commencement

I1

Reg. D8 in operation at 1.8.2000, see reg. A1(1)