# The National Health Service Pension Scheme Regulations 2008, Regulation 3.G.5: Re-employed tier 1 ill-health pensioners

Extent: E+W

(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.
This is subject to paragraph (5).
(5) 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.

---
Source: https://www.legislation.gov.uk/uksi/2008/653/regulation/3.G.5 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-3.G.5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.