Regulation 3.G.5 Re-employed tier 1 ill-health pensionersF1

England and Wales

(1)

This regulation applies to re-employed members who are entitled to a tier 1 ill-health pension under regulation 3.D.7 in respect of the earlier service.

(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.

(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—

(a)

a tier 1 ill-health pension, or

(b)

a tier 2 ill-health pension,

under regulation 3.D.7 in respect of the later service, the re-employed member is entitled to the benefits set out in paragraph (4).

(4)

The benefits mentioned in paragraph (3) are—

(a)

the member’s original tier 1 ill-health pension in respect of his earlier service, and

(b)

a tier 1 or, as the case may be, tier 2 ill-health pension in respect of the later service.

F2This is subject to paragraph (5).

(F35)

If the re-employed member—

(a)

ceases to be entitled to a tier 1 ill-health pension in respect of the earlier service,

(b)

becomes entitled to a tier 2 ill-health pension in respect of that earlier service in accordance with regulation 3.D.8(3), and

(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,

the re-employed member is entitled to the benefits set out in paragraph (6).

(6)

The benefits mentioned in paragraph (5) are—

(a)

a tier 2 ill-health pension paid in accordance with regulation 3.D.7 in respect of the member’s earlier service, and

(b)

a tier 1 ill-health pension in respect of the member’s later service.

Annotations

Textual amendments

F1: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F2: Words in reg. 3.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), 79(a) (with reg. 89)
F3: Reg. 3.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), 79(b) (with reg. 89)