Regulation 2.K.16 Application of regulation 2.D.9 where a 2008 Section Optant has submitted an application for ill-health retirement under the 1995 SectionF1
This regulation applies to a 2008 Section Optant—
who submitted a form AW33E (or such other form as the Secretary of State was willing to accept) together with supporting medical evidence (if not included on the form) for the purposes of an ill-health pension payable in accordance with regulation E2A of the 1995 Regulations (ill-health pension on early retirement), and
that form and supporting medical evidence was received by the Secretary of State before the date on which the Secretary of State received the Optant’s option to join this Section of the Scheme.
If, following a consideration of the form and medical evidence referred to in paragraph (1), the Optant referred to in that paragraph becomes entitled to a pension under regulation 2.D.8(2) (“a tier 1 ill-health pension”)—
within a period of one year beginning with the day on which that Optant’s option to join this Section of the Scheme is received, and
immediately before joining this Section of the Scheme the Optant was notified under regulation E2B of the 1995 Regulations (re-assessment of ill-health condition determined under regulation E2A) that the Optant may ask the Secretary of State to consider whether that Optant subsequently meets the tier 2 condition under that regulation,
that Optant shall be entitled to a re-assessment of entitlement to an ill-health pension determined under regulation 2.D.9 in accordance with the following paragraphs of this regulation.
For the purposes of assessing whether the Optant satisfies the condition in regulation 2.D.8(3)(a) at the date of the Secretary of State’s review, “permanently” shall mean until age 60.
If, after considering the further medical evidence provided by the Optant under regulation 2.D.9, the Secretary of State determines that the Optant meets the condition in regulation 2.D.8(3)(a), then as from the date on which that determination is made the Optant—
ceases to be entitled to a tier 1 ill-health pension; and
becomes entitled to a tier 2 ill-health pension under regulation 2.D.8 but which shall be calculated in accordance with paragraph (5) of this regulation.
For the purpose of calculating the tier 2 ill-health pension referred to in paragraph (4)—
the Optant’s service shall be increased by the transitional enhancement period determined in accordance with whichever of paragraphs (3) or (4) of regulation 2.K.14 apply to that Optant, and
the transitional enhancement period shall apply to that Optant’s service in place of the enhancement period that, apart from this regulation, would otherwise apply to that Optant’s service under regulation 2.D.8(6).
This is subject to paragraph (6).
In the case of an Optant to whom this regulation applies—
regulation 2.K.14 shall be read as if paragraph (3)(b) of that regulation included the words “from the date of the Secretary of State’s determination under regulation 2.D.9” after “continued in service”, and
references to the “enhancement period” in regulation 2.D.8 are to be read as references to the “transitional enhancement period” determined under this regulation.