The National Health Service Pension Scheme (Scotland) Regulations 2008

Re-employed lower tier ill health pensioners

2.G.5—(1) This regulation applies to re-employed members who are entitled to a lower tier ill health pension under regulation 2.D.8 in respect of the earlier service.

(2) For the purposes of determining whether a member can count 45 years of pensionable service for any purpose, the earlier service and the later service are aggregated.

(3) If the re-employed member became entitled to a lower tier ill health pension for the earlier service, and on the termination of the later service the member becomes entitled to–

(a) a lower tier ill health pension; or

(b) an upper tier ill health pension,

under regulation 2.D.8 in respect of the later service, the re-employed member is entitled to the benefits set out in paragraph (4).

(4) The benefits mentioned in paragraph (3) are–

(a) the member’s original lower tier ill health pension in respect of his or her earlier service; and

(b) a lower tier or, as the case may be, upper tier ill health pension in respect of the later service.