Regulation 4 Ill-health pensions based on service as an office holder

Regulation J2 of the Principal Regulations is amended as follows.

For sub-paragraph (1)(a) substitute—

“(a)

ceases to be a participating Member and a participating office holder before attaining the age of sixty-five years; or”.

For paragraph (2) substitute—

“(2)

If on an application under this regulation—

(a)

the applicant (“A”) has certified to the Trustees in such form as the Trustees require that A does not intend—

(i)

to seek election or re-election to the House of Commons; or

(ii)

to accept any future offer of a qualifying office; and

(b)

the Trustees are satisfied that—

(i)

A’s ceasing to be a participating Member as mentioned in paragraph (1)(a) or ceasing to be a participating office holder as mentioned in paragraph (1)(b) is a direct consequence of A’s ill-health; and

(ii)

A’s ill-health is such as would permanently prevent A from performing adequately the duties of a Member of the House of Commons,

A shall, subject to regulation J6, be entitled to receive a lower tier ill-health pension as from the material time, payable under regulation F3 and calculated in accordance with paragraph (4).”.

For paragraph (3) substitute—

“(3)

Where a participant (“P”) would become entitled to make an application under paragraph (1) if, because of ill-health, P were to cease as mentioned in sub-paragraph (a) or (b) of paragraph (1) at a particular time in the future, P may make an application under paragraph (1) before so ceasing, specifying in the application the time when P proposes so to cease.

(3A)

Where—

(a)

a participant (“P”) makes an application in accordance with paragraph (3); and

(b)

the Trustees are satisfied that if, because of ill-health, P ceases as mentioned in sub-paragraph (a) or (b) of paragraph (1) at the time specified in the application, P will be entitled under paragraph (2) to receive a pension under regulation F3 as from that time,

the Trustees must give P notice in writing to that effect.”.

For paragraph (4) substitute—

“(4)

The annual amount of a lower tier ill-health pension payable under regulation F3 by virtue of this regulation shall (subject to Part G (Commutation)) be calculated in accordance with regulation F4.”.