# The Police Pension Scheme (Scotland) Regulations 2015, Regulation 101: Cancellation of lower tier ill-health pension if medical unfitness ceases

Extent: S

(1) This regulation applies if—
(a) the employer carries out a review under regulation 100; and
(b) the selected medical practitioner gives a report on the questions referred under regulation 107(2) containing the decision that P has ceased to be medically unfit for performing the ordinary duties of a member of the police force.
(2) The employer may give P notice that P may rejoin the police force—
(a) within the period of 3 months beginning with the date on which P is given the notice; and
(b) at a rank not lower than the rank which P held immediately before the ill-health pension became payable.
(3) The lower tier ill-health pension ceases to be payable to P on the earlier of—
(a) the last day of the 3 month period; or
(b) the day on which P rejoins the police force.
(4) Paragraph (5) applies if—
(a) a lower tier ill-health pension ceases to be payable under paragraph (3)(a); but
(b) P is not entitled to receive payment of a full retirement pension under Chapter 2 (full retirement benefits) because P has less than 2 years qualifying service.
(5) The employer must pay the difference to P if the aggregate of the following is less than P’s aggregate pension contributions in respect of the relevant period of service—
(a) the sums paid in respect of the pension; and
(b) the actuarial value, determined by the scheme manager in accordance with actuarial tables, of any pension to which P is entitled under regulation 195 (guaranteed minimum under section 14 of PSA 1993).

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Source: https://www.legislation.gov.uk/ssi/2015/142/regulation/101 (the official version)
Page: https://openlegislation.uk/police-pension-scheme-scotland-regulations-2015/regulation-101
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.