The National Health Service Pension Schemes (Remediable Service) Regulations 2023

Determining whether a member meets the ill-health criteria in each scheme

76.—(1) This regulation applies to or in respect of a remedy member (“ M”)—

(a) who ceased to be employed in NHS employment during the period of M’s remediable service, and

(b) whose application for an ill-health pension in relation to that service (“M’s application”) has been determined by the scheme manager.

(2) Where this regulation applies, the scheme manager must reconsider M’s application together with any supporting medical evidence (where relevant) to determine whether M would have met the ill-health retirement criteria in M’s alternative scheme or section when the application was initially determined.

(3) Where M or a designated person on M’s behalf has the right to make an immediate choice election under regulation 9—

(a) the scheme manager must send a notice in writing to M or the designated person of the outcome of the scheme manager’s determination under paragraph (2) before the immediate choice election period commences in respect of M, and

(b) if M or the designated person on M’s behalf elects to take an ill-health pension as a result of the scheme manager’s determination under paragraph (2), any rights for M to make that election must be deemed to have been fulfilled.

(4) Where M or a designated person on M’s behalf has the right to make a deferred choice election under regulation 12—

(a) the scheme manager must send a notice in writing to M or the designated person of the outcome of the scheme manager’s determination under paragraph (2) as soon as reasonably practicable after 1st October 2023, and

(b) if M or the designated person on M’s behalf elects to take an ill-health pension as a result of the scheme manager’s determination under paragraph (2), any rights for M to make that election must be deemed to have been fulfilled.

(5) The provisions of Chapter 1 of Part 1 of PSPJOA 2022 and Part 3 of these Regulations about the timing and effect of an immediate choice election by virtue of section 6, and of a deferred choice election by virtue of section 10, of that Act apply subject to this regulation.

(6) In this regulation—

“ill-health pension” means a pension under—

(a)

regulation E2A of the 1995 Regulations(1) (ill health pension on early retirement);

(b)

regulation L1(3) of the 1995 Regulations(2) (preserved pension: entitlement to pension and retirement lump sum before age 60);

(c)

regulation 2.D.8 or 3.D.7 of the 2008 Regulations(3) (early retirement on ill-health: active members and non-contributing members);

(d)

regulation 2.D.10 or 3.D.9 of the 2008 Regulations(4) (early retirement on ill-health (deferred members));

(e)

regulation 90 of the 2015 Regulations(5) (entitlement to ill-health pension); or

(f)

regulation 94 of the 2015 Regulations(6) (early retirement on ill-health (deferred members));

“M’s alternative scheme or section” means—

(a)

where M’s eligibility for an ill-health pension was assessed under the 1995 Section or the 2008 Section, the 2015 scheme;

(b)

where M’s eligibility for an ill-health pension was assessed under the 2015 scheme, the 1995 Section or the 2008 Section (whichever is relevant);

“NHS employment” has the meaning given in Schedule 15 to the 2015 Regulations.

(1)

Regulation E2A was inserted by S.I. 2008/654 and subsequently amended by S.I. 2009/2446, 2019/418.

(2)

Regulation L1 was amended by S.I. 2000/605, 2003/631, 2004/665, 2006/600, 2008/654, 2009/381 and 2446, 2015/95, 2019/418.

(3)

Regulations 2.D.8 and 3.D.6 and their headings were amended by S.I. 2009/381 and 2446, 2010/492, 2021/631.

(4)

Regulations 2.D.10 and 3.D.9 were amended by S.I. 2008/2263, 2009/2446.

(5)

Regulation 90 was amended by S.I. 2017/275.

(6)

Regulation 94 was amended by S.I. 2016/245.