{
  "url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-2.G.5",
  "json_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-2.G.5.json",
  "legislation": "uksi/2008/653",
  "legislation_title": "The National Health Service Pension Scheme Regulations 2008",
  "legislation_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008",
  "path": "regulation/2.G.5",
  "kind": "regulation",
  "number": "2.G.5",
  "heading": "Re-employed tier 1 ill-health pensioners",
  "text": "(1) This regulation applies to re-employed members who are entitled to a tier 1 ill-health pension under regulation 2.D.8 in respect of the earlier service.\n(2) For the purposes of determining whether a member can count 45 years of pensionable service for any purpose, the earlier service and the later service are aggregated.\n(3) If the re-employed member became entitled to a tier 1 ill-health pension for the earlier service, and on the termination of the later service the member becomes entitled to—\n(a) a tier 1 ill-health pension, or\n(b) a tier 2 ill-health pension,\nunder regulation 2.D.8 in respect of the later service, the re-employed member is entitled to the benefits set out in paragraph (4).\n(4) The benefits mentioned in paragraph (3) are—\n(a) the member’s original tier 1 ill-health pension in respect of his earlier service, and\n(b) a tier 1 or, as the case may be, tier 2 ill-health pension in respect of the later service.\nThis is subject to paragraph (5).\n(5) If the re-employed member—\n(a) ceases to be entitled to a tier 1 ill-health pension in respect of the earlier service,\n(b) becomes entitled to a tier 2 ill-health pension in respect of that earlier service in accordance with regulation 2.D.9(3), and\n(c) on the termination of the later service, the member becomes entitled to a tier 1 or, as the case may be, tier 2 ill-health pension in respect of that later service,\nthe re-employed member is entitled to the benefits set out in paragraph (6).\n(6) The benefits mentioned in paragraph (5) are—\n(a) a tier 2 ill-health pension paid in accordance with regulation 2.D.9 in respect of the member’s earlier service, and\n(b) a tier 1 ill-health pension in respect of the member’s later service.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 2.G.5(4) inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 48(a) (with reg. 89)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 2.G.5(5)(6) added (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 48(b) (with reg. 89)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/653/regulation/2.G.5",
    "retrieved_at": "2026-10-29T03:34:22.381913+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}