# The Public Service (Civil Servants and Others) Pensions Regulations 2014, Paragraph 36: Ill-health retirement certificate not given

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

(1) This paragraph applies if a member of the PCSPS (or the member’s employer on behalf of the member)—
(a) claimed payment of an ill-health pension under that scheme before the member’s transition date; and
(b) the pension does not become payable before the member’s transition date.
(2) If the member is not entitled to immediate payment of an ill-health pension under the PCSPS, the member joins this scheme on whichever is the later of—
(a) the member’s transition date; and
(b) the day after all relevant appeal rights in relation to the scheme medical adviser’s decision not to give an ill-health retirement certificate are exhausted.
(3) In this paragraph—
“all relevant appeal rights” includes the member’s appeal rights under section 11.10 of the Civil Service Management Code issued under Part 1 of the Constitutional Reform and Governance Act 2010; and
“ill-health retirement certificate” means a certificate given by the scheme medical adviser under the PCSPS stating that, in the opinion of the scheme medical adviser, the member has suffered a permanent breakdown in health involving incapacity for employment or total incapacity for employment.

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Source: https://www.legislation.gov.uk/uksi/2014/1964/schedule/2/paragraph/36 (the official version)
Page: https://openlegislation.uk/public-service-civil-servants-and-others-pensions-regulations-2014/schedule-2/paragraph-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.