Regulation 109 Cancellation of lower tier ill-health pension if medical unfitness ceases
This regulation applies if—
The scheme manager carries out a review under regulation 108(review of lower tier ill-health pension);and
the selected medical practitioner gives a report and certificate on the questions referred under regulation 115(2) containing the decision that P's medical unfitness has ceased, the scheme manager may give P notice that P has ceased to be medically unfit for performing the ordinary duties of a member of the police service.
The scheme manager may give P notice that P may rejoin the police service—
within the period of 3 months beginning with the date on which P is given the notice; and
at a rank not lower than the rank which P held immediately before the ill-health pension became payable.
The lower tier ill-health pension ceases to be payable to P on the earlier of—
the last day of the 3 month period; or
the day on which P rejoins the police service.
Paragraph (5) applies if—
a lower tier ill-health pension ceases to be payable under paragraph (3)(a);but
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.
The scheme manager 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—
the sums paid in respect of the pension; and
the actuarial value, determined by the scheme manager in accordance with actuarial tables, of any pension to which P is entitled under regulation 204 (guaranteed minimum pensions under section 10 of 1993 Act).