Regulation 94 Early retirement on ill-health (deferred members)

England and Wales

(1)

A deferred member (DM) is entitled to immediate payment of a pension if—

(a)

DM is not in NHS employment;

(b)

DM has not attained normal pension age;

(c)

the scheme manager is satisfied that DM suffers from physical or mental infirmity as a result of which DM is permanently incapable of engaging in regular employment of like duration; and

(d)

DM claims payment of the pension.

(2)

DM is entitled to immediate payment of a pension if—

(a)

DM is in NHS employment;

(b)

DM has not attained normal pension age;

(c)

the scheme manager is satisfied that DM—

(i)

is not within F1paragraph (1); but

(ii)

suffers from a physical or mental infirmity as a result of which DM is permanently incapable of discharging the duties of DM's employment efficiently; and

(d)

DM leaves the employment and claims payment of the pension.

(3)

The amount of a pension payable under this regulation is found by applying regulation 92(1) as if—

(a)

a reference to M is a reference to DM; and

(b)

the pension under this regulation is a Tier 1 IHP.

(4)

Regulation 91 applies for the purposes of this regulation as if—

(a)

a reference to M is a reference to DM; and

(b)

a reference to regular employment of like duration is a reference to such employment for the purposes of paragraph (1)(c).

Annotations

Textual amendments

F1: Words in reg. 94(2)(c)(i) substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 67 (with reg. 105)