# The National Health Service Pension Scheme Regulations 2015, Regulation 94: Early retirement on ill-health (deferred members)

Extent: E+W

(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 paragraph (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).

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Source: https://www.legislation.gov.uk/uksi/2015/94/regulation/94 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-2015/regulation-94
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.