Regulation 77 Periodical review of entitlement to upper tier top up earned pensionI1
United Kingdom
This regulation applies in relation to a member of this scheme (P) who meets the upper tier payment threshold.
The scheme medical adviser—
must periodically review whether, as a result of P’s breakdown in health, P remains incapable of gainful employment; and
after carrying out a review, must give an opinion on that matter to the scheme manager.
A review must be carried out—
at any time the scheme manager directs; and
in any event—
before the fifth anniversary of the day on which P became entitled to the pension; and
subsequently at intervals not exceeding 5 years.
A review is not required after the member reaches normal pension age under this scheme.
P ceases to be entitled to an upper tier top up earned pension—
at the end of the period of 3 months beginning with the date on which the scheme medical adviser, after carrying out a review, gives an opinion that P is no longer incapable of gainful employment; or
if earlier, the day on which P returns to service in a scheme employment.