The National Health Service Pension Scheme Regulations 2015

Ill-health pension becomes payable before end of contributions payment period E+W

70.—(1) This regulation applies if an ill-health pension becomes payable to a member (M) before the end of the contributions payment period for an additional pension election.

(2) If an ill-health pension becomes payable to M in consequence of a claim made before the end of the refund period—

(a) any periodic payments that have been made under the election must be repaid to M; [F1 and]

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the amount of accrued additional pension attributable to the election as at the last day of pensionable service must be disregarded.

[F3 (3) If an ill-health pension becomes payable to M in consequence of a claim made after the end of the refund period—

(a) the periodic payments under the additional pension election are treated as being paid until the end of the contributions payment period for the election; and

(b) paragraph (4) applies.

(4) For the purpose of calculating the annual rate of ill-health pension—

(a) if the scheme manager believes that the declaration that accompanied the additional pension election was made in good faith, the amount of accrued additional pension is calculated under paragraph 28 of Schedule 9 as at the last day of pensionable service;

(b) if the scheme manager believes that the declaration was not made in good faith, paragraph (2)(a) and (c) applies.]

Textual Amendments

F1 Word in reg. 70(2)(a) inserted (with effect in accordance with reg. 1(2)(a) of the amending S.I.) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 2(c), 38(2)(a)

F2 Reg. 70(2)(b) omitted (with effect in accordance with reg. 1(2)(a) of the amending S.I.) by virtue of The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 2(c), 38(2)(b)

F3 Reg. 70(3)(4) substituted for reg. 70(3) (with effect in accordance with reg. 1(2)(a) of the amending S.I.) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 2(c), 38(3)