PART 6Retirement benefits
CHAPTER 4F1Ill-Health benefits
Periodical review of entitlement to upper tier top up earned pensionI177
1
This regulation applies in relation to a member of this scheme (P) who meets the upper tier payment threshold.
2
The scheme medical adviser—
a
must periodically review whether, as a result of P’s breakdown in health, P remains incapable of gainful employment; and
b
after carrying out a review, must give an opinion on that matter to the scheme manager.
3
A review must be carried out—
a
at any time the scheme manager directs; and
b
in any event—
i
before the fifth anniversary of the day on which P became entitled to the pension; and
ii
subsequently at intervals not exceeding 5 years.
4
A review is not required after the member reaches normal pension age under this scheme.
5
P ceases to be entitled to an upper tier top up earned pension—
a
at the end of the period of 3 months beginning with the date on which the scheme medical adviser, after carrying out a review, gives an opinion that P is no longer incapable of gainful employment; or
b
if earlier, the day on which P returns to service in a scheme employment.
Word in Ch. 4 heading substituted (with effect in accordance with of the amending Rule) by The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/67), regs. 1(2), 21