Paragraph 28 Entitlement to payment of retirement benefits

In regulation E4—

(a)

for paragraph (2)(a) substitute—

“(a)
has, subject to paragraphs (2A) and (2B), attained the normal pension age,”,

(b)

after paragraph (2) insert—

“(2A)
Where the person is a person with mixed service, paragraph (2)(a) has effect —

(a)
in relation to the part of the retirement pension referred to in regulation E5(2)(c)(i), and

(b)
in relation to the retirement lump sum,

as if for “the normal pension age” there were substituted “the age of 60”.

(2B)
Where the person is a person with mixed service in respect of whom an election under regulation C3C has been made and, at the time when the election was made the person had not ceased to be a pre-2007 entrant by virtue of regulation EA1(4), paragraph (2)(a) has effect, in relation to the part of the retirement pension referred to in regulation E5A, as if for “the normal pension age” there were substituted “the age of 60.”

(c)

in paragraph (3)(a) for “the age of 60” substitute “the normal pension age”,

(d)

in paragraph (4)—

(i)

in sub-paragraphs (a) and (b) for “the age of 60” substitute “the normal pension age” and

(ii)

for sub-paragraph (c) substitute—

“(c)
is incapacitated, became so before attaining the normal pension age, and

(i)
immediately before he became incapacitated—
(aa)
was in pensionable employment, or

(bb)
was taking a period of unpaid sick leave, maternity, paternity or adoptive leave (taken with the consent of the person’s employer) or a career break which, in each case, followed on immediately after a period of pensionable employment, or

(cc)
was paying additional contributions under old regulation C9 or regulation C10, or

(ii)
made an application for payment under regulation E33(2) such that it was received by the Secretary of State before 6th January 2007, or

(iii)
(where neither paragraph (i) nor (ii) applies) his ability to carry out any work is impaired by more than 90% and is likely permanently to be so.”

(e)

in paragraph (5)—

(i)

for sub-paragraph (a) substitute—

“(a)
has attained the age—

(i)
of 50, if he is not a post-5th April 2006 entrant and attained that age before 6th April 2010, or

(ii)
of 55 in any other case,”,

(ii)

in sub-paragraph (b) for “the age of 60” substitute “the normal pension age”,

(f)

in paragraph (5A)(b) for “the age of 60” substitute “the normal pension age”,

(g)

in paragraph (5B) for “Those conditions are” substitute “The conditions in this paragraph are”,

(h)

in paragraph (5B)(b) for “(otherwise than by virtue of regulation B7)” substitute “(except where the person was entitled to be paid a teacher’s pension and, after becoming entitled to a teacher’s pension, re-entered pensionable employment)”.