Regulation 16 Review of transitional ill-health pensions

(1)

This regulation applies to an ill-health pension payable to a person (“P”) who—

(a)

applies for the pension in accordance with regulation J1(3) of the Principal Regulations and receives notice from the Trustees before 31st May 2009 notifying P that P is entitled to receive the pension from the time specified in P’s application, and

(b)

ceases to be a participant at or before the time specified in P’s application.

(2)

The Trustees may, at such intervals as the Trustees determine, review the continued payment of the pension and may reduce the pension to the extent they consider appropriate or terminate the pension if the Trustees are no longer satisfied that P’s ill-health is such as would permanently prevent P from performing adequately the duties of a Member of the House of Commons.

(3)

A review may not be carried out under this regulation on or after the date on which P attains the age of sixty-five years.

(4)

Where a pension is reduced or terminated under this regulation, the pension payable to P with effect from the date when the reduction or termination applies shall, subject to paragraphs (6) and (8) and regulation F7^f1 of the Principal Regulations (guaranteed minimum pensions), be the reduced pension (if any) that the Trustees determine should continue to be payable under paragraph (2).

(5)

Paragraph (6) applies where—

(a)

a pension has been reduced or terminated under this regulation, and

(b)

P subsequently fulfils the conditions for payment of a pension by virtue of regulation H1^f2 or H2^f3 of the Principal Regulations (early retirement for Members of the House of Commons or office holders who have been Members), including the requirement to apply in writing to the Trustees.

(6)

Where this paragraph applies, the amount of pension payable to P from the date of P’s application under regulation H1 or H2 of the Principal Regulations or, if later, such other date as may be specified in the application must be no less than an amount—

(a)

calculated in accordance with regulation H1 or H2 of the Principal Regulations, and

(b)

reduced in such manner as the Government Actuary determines, to take account of any lump sum received by P under Part G^f4 of the Principal Regulations (commutation) at the time of P’s retirement under Part J^f5 of the Principal Regulations (ill-health pensions).

(7)

Paragraph (8) applies where—

(a)

a pension has been reduced or terminated under this regulation,

(b)

paragraph (6) does not apply, and

(c)

P subsequently fulfils the conditions for payment of a pension under regulation F1 or F3 of the Principal Regulations (entitlement of pensioner Members and office holders).

(8)

Where this paragraph applies, the amount of pension payable to P from the date on which P fulfils the conditions in regulation F1 or F3 of the Principal Regulations must be no less than an amount—

(a)

calculated in accordance with regulation F2^f6 or F4^f7 of the Principal Regulations (amount payable to pensioner Members and office holders), and

(b)

reduced, in such manner as the Government Actuary determines, to take account of any lump sum received by P under Part G of the Principal Regulations at the time of P’s retirement under Part J of the Principal Regulations.

Annotations

Footnotes

f1: Regulation F7 was substituted by regulation 6 of S.I. 2004/2416.
f2: Regulation H1 was amended by regulation 7 of S.I. 2004/2416, regulation 5 of S.I. 2005/887 and regulation 11 of S.I. 2006/920.
f3: Regulation H2 was amended by regulation 6 of S.I. 2005/887.
f4: Part G was amended by Schedule 1, paragraph 7 of S.I. 2001/2649 and by regulation 5 and Schedule 2 of S.I. 2006/920.
f5: Part J was amended by S.I. 2006/920, regulation 10.
f6: Regulation F2 was amended by regulation 4 of S.I. 1995/2867, regulations 4(1) and 5(1) of S.I. 1996/2406, Schedule 2, paragraph 4 of S.I. 2001/2649 and regulation 3(1), (2) and (3) of S.I. 2002/1807.
f7: Regulation F4 was amended by regulations 4(2) and 5(2) of S.I. 1996/2406, Schedule 1, paragraph 5 of S.I. 2001/2649, and regulation 3(4), (5), (6) and (7) of S.I. 2002/1807.