10.—(1) Regulation 13 (Early retirement pension (ill-health)) is amended as provided by paragraphs (2) to (5).
(2) Before paragraph (1) insert—
“(A1) This regulation applies to a member who—
(a)retires from superannuable employment on or after 1st April 2008—
(i)who submitted Form AW33 (or such other form as the Department accepted) together with supporting medical evidence if not included in the form, and
(ii)that form was received by the Department before the 1st April 2008; or
(b)returns to employment which attracts a pension in accordance with paragraph (11).”.
(3) In paragraph (1) after “A member” insert “to whom this regulation applies”.
(4) In paragraph (10)(b), after “reduction under regulation 17(3))” add “and the lump sum in place of part of pension payable under regulation 17A”.
(5) After paragraph (11) add—
“(12) For the purposes of calculating the amount of lump sum payable under paragraph (10), the member will be treated as if he had made an election under regulation 17A to receive the maximum amount of further lump sum payable under that regulation.”.