PART 5Member's benefits

CHAPTER 5Ill-Health pension

Early retirement on ill-health (deferred members)93

1

A deferred member (DM) is entitled to immediate payment of a pension if—

a

DM is not in HSC employment;

b

DM has not attained normal pension age;

c

the scheme manager is satisfied that DM suffers from physical or mental infirmity as a result of which DM is permanently incapable of engaging in regular employment of like duration; and

d

DM claims payment of the pension.

2

DM is entitled to immediate payment of a pension if—

a

DM is in HSC employment;

b

DM has not attained normal pension age;

c

the scheme manager is satisfied that DM—

i

is not within paragraph (1)(b); but

ii

suffers from physical or mental infirmity as a result of which DM is permanently incapable of discharging the duties of DM's employment efficiently; and

d

DM has left the employment and claims payment of the pension.

3

The amount of a pension payable under this regulation is found by applying regulation 91(1) as if—

a

a reference to M is a reference to DM; and

b

the pension under this regulation is a Tier 1 IHP.

4

Regulation 90 applies for the purposes of this regulation as if—

a

a reference to M is a reference to DM; and

b

a reference to regular employment of like duration is a reference to such employment for the purposes of paragraph (1)(c).