# The Parliamentary Pensions (Amendment) Regulations 2009, Regulation 4: Ill-health pensions based on service as an office holder


(1) Regulation J2 of the Principal Regulations is amended as follows.
(2) 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”.
(3) 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).”.
(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.”.
(5) 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.”.

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Source: https://www.legislation.gov.uk/uksi/2009/1920/regulation/4 (the official version)
Page: https://openlegislation.uk/parliamentary-pensions-amendment-regulations-2009/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.