{
  "url": "https://openlegislation.uk/public-service-civil-servants-and-others-pensions-regulations-2014/regulation-77",
  "json_url": "https://openlegislation.uk/public-service-civil-servants-and-others-pensions-regulations-2014/regulation-77.json",
  "legislation": "uksi/2014/1964",
  "legislation_title": "The Public Service (Civil Servants and Others) Pensions Regulations 2014",
  "legislation_url": "https://openlegislation.uk/public-service-civil-servants-and-others-pensions-regulations-2014",
  "path": "regulation/77",
  "kind": "regulation",
  "number": "77",
  "heading": "Periodical review of entitlement to upper tier top up earned pension",
  "text": "(1) This regulation applies in relation to a member of this scheme (P) who meets the upper tier payment threshold.\n(2) The scheme medical adviser—\n(a) must periodically review whether, as a result of P’s breakdown in health, P remains incapable of gainful employment; and\n(b) after carrying out a review, must give an opinion on that matter to the scheme manager.\n(3) A review must be carried out—\n(a) at any time the scheme manager directs; and\n(b) in any event—\n(i) before the fifth anniversary of the day on which P became entitled to the pension; and\n(ii) subsequently at intervals not exceeding 5 years.\n(4) A review is not required after the member reaches normal pension age under this scheme.\n(5) P ceases to be entitled to an upper tier top up earned pension—\n(a) 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\n(b) if earlier, the day on which P returns to service in a scheme employment.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 77 in force at 1.4.2015, see reg. 1(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/1964/regulation/77",
    "retrieved_at": "2026-10-29T00:08:32.082597+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}