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Amendment to paragraph 38 (Application for payment of ill-health pension) of Schedule 3
This section has no associated Explanatory Memorandum
9. In paragraph 38 of Schedule 3—
(a)in sub-paragraph (1)(b), omit “after that date”.
(b)for sub-paragraph (2), substitute—
“(2) If P makes a successful application for payment of an ill-health pension on or after P’s transition date—
(a)before P’s normal pension age in the existing scheme, P will receive under this scheme an amount equivalent to any benefits due to P in respect of P’s pensionable service in this scheme and in the existing scheme, in accordance with paragraph 38A;
(b)from P’s normal pension age in the existing scheme, P will receive, in accordance with paragraph 38B—
(i)under the existing scheme, any benefits due to P in respect of P’s pensionable service in the existing scheme, and
(ii)under this scheme, any benefits due to P in respect of P’s pensionable service in this scheme.”;
(c)after sub-paragraph (2), insert—
“(3) If P has more than one normal pension age in the existing scheme under regulation 48 of the existing scheme regulations, sub-paragraph (2) and regulations 38A and 38B apply to each normal pension age in relation to the pensionable service to which it applies.”
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