# The Public Service (Civil Servants and Others) Pensions Regulations 2014, Regulation 77: Periodical review of entitlement to upper tier top up earned pension

Extent: E+W+S+N.I.

(1) This regulation applies in relation to a member of this scheme (P) who meets the upper tier payment threshold.
(2) The scheme medical adviser—
(a) must periodically review whether, as a result of P’s breakdown in health, P remains incapable of gainful employment; and
(b) after carrying out a review, must give an opinion on that matter to the scheme manager.
(3) A review must be carried out—
(a) at any time the scheme manager directs; and
(b) in any event—
(i) before the fifth anniversary of the day on which P became entitled to the pension; and
(ii) subsequently at intervals not exceeding 5 years.
(4) A review is not required after the member reaches normal pension age under this scheme.
(5) P ceases to be entitled to an upper tier top up earned pension—
(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
(b) if earlier, the day on which P returns to service in a scheme employment.

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Source: https://www.legislation.gov.uk/uksi/2014/1964/regulation/77 (the official version)
Page: https://openlegislation.uk/public-service-civil-servants-and-others-pensions-regulations-2014/regulation-77
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.