Regulation 3.K.16 Application of regulation 3.D.8 where a 2008 Section Optant has submitted an application for ill-health retirement under the 2008 Section within a year of joining the 2008 SectionF1F2
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,
that form and supporting medical evidence was 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, and
following a consideration of the form and medical evidence referred to in sub-paragraph (a)—
the Optant becomes entitled to a tier 1 ill-health pension under regulation 3.D.7, and
at the time the Optant is awarded a pension under that regulation the Secretary of State gives the Optant notice in writing in accordance with regulation 3.D.8(1)(b) that the Optant’s case may be considered once within a period of three years commencing with the date of that award to determine whether the Optant meets the condition in regulation 3.D.7(3)(a) at the date of such a consideration.
If, after considering the further medical evidence provided by the Optant under regulation 3.D.8, the Secretary of State determines that the Optant meets the condition in regulation 3.D.7(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 3.D.7 but which shall be calculated in accordance with paragraph (3) of this regulation.
For the purpose of calculating the tier 2 ill-health pension referred to in paragraph (2)—
the Optant’s service shall be increased by the transitional enhancement period determined in accordance with whichever of paragraphs (3) or (4) of regulation 3.K.13 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 3.D.7(6).
This is subject to paragraph (4).
In the case of an Optant to whom this regulation applies—
regulation 3.K.13 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 3.D.8” after “continued in service”, and
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