Regulation 12 Amendment of regulation E2

Regulation E2 (early retirement pension (ill health)) is amended as follows.

Before paragraph (1) insert–

“(A1)

This regulation applies to a member who–

(a)

retires from pensionable employment on or after 1st April 2008 and submitted a claim together with supporting medical evidence pursuant to regulation T1 (claims for benefits) for benefits under this regulation which was received by the Scottish Ministers before 1st April 2008; or

(b)

returns to employment which attracts a pension in accordance with paragraph (11).”.

In paragraph (1) after “member” insert “to whom this regulation applies”.

In paragraph (10)(b), after “deductions from lump sum” insert “and the lump sum in place of part of pension payable under regulation E11”.

After paragraph (12) insert–

“(13)

For the purposes of calculating the amount of lump sum payable under paragraph (10), the member will be treated as if he had made an election under regulation E11 to receive the maximum amount of further lump sum payable under that regulation.”.