Regulation 3.K.14 Treatment of ill-health retirement applications made by 2008 Section Optants within one year of joining this Section of the SchemeF1F2
This regulation applies to a 2008 Section Optant—
who submits a form AW33E (or such other form as the Secretary of State is 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 3.D.7, and
that form and supporting medical evidence is received by the Secretary of State before the end of the period of one year commencing on the day 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 3.D.7(3) (“a tier 2 ill-health pension”)—
that Optant’s pensionable service shall be increased by the enhancement period determined in accordance with whichever of paragraphs (3) or (4) of regulation 3.K.13 apply to the 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 the Optant’s service under regulation 3.D.7(6).
This is subject to paragraph (3).
In the case of an Optant to whom this regulation applies, references to the “enhancement period” in regulation 3.D.7 are to be read as references to the “transitional enhancement period” determined under this regulation.
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
Ch. 3K inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2), 94