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Rule 20 Terminal illnessI1I2

United Kingdom

(1)

This Rule shall apply where—

(a)

a registered medical practitioner has advised a Member’s Employer in writing before the Member’s death that in his opinion such Member is suffering from a terminal illness and ought not to be told; and

(b)

the Member could have been Retired on RMPP Ill Health Grounds but was not so retired because the Employer decided (and recorded such decision before the Member’s death) not to make known to that Member the extent of his or her ill health; and

(c)

as a result of such decision the Member died in the employment of an Employer instead of in retirement.

(2)

The F1Minister for the Civil Service shall pay in respect of such a Member whichever of the following two sets of benefits would, in the opinion of the Minister for the Civil Service, be the more beneficial, either—

(a)

those benefits which would have been payable if the Member had been Retired on RMPP Ill Health Grounds on the day before that Member died in the employment of an Employer; or

(b)

those benefits which would have been payable on such Member’s death in the employment of an Employer.

Annotations

Textual amendments

F1

Words in Sch. 1 substituted (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 6(3) (with art. 4)

Commencement

I1

Sch. 1 Pt. IV rule 20 not in force at made date, see art. 1(3)

I2

Sch. 1 Pt. IV rule 20 in force at 1.4.2012 by S.I. 2012/966, arts. 2, 3(a)