Determining whether a member meets the ill-health retirement criteria in each scheme N.I.
62.—(1) Paragraph (2) applies where, during the period beginning on 1st April 2015 and ending at the end of 30th September 2023, an application by a remedy member (“M”) for ill-health retirement benefits was finally determined.
(2) The scheme manager must take reasonable steps to determine whether M would have met the ill-health retirement criteria in M’s alternative scheme at the “relevant time”, being—
(a)where the application was initially determined—
(i)under the reformed scheme, or
(ii)under the legacy scheme on or before 31st March 2022,
at the time the application was first determined;
(b)where the application was initially determined under the legacy scheme on or after 31st March 2022, on 31st March 2022.
(3) Whether a step is reasonable for the purposes of paragraph (2) depends on, among other things, the difficulty of obtaining information or evidence (including by interviewing or examining M) relevant to the question of whether M would have met the ill-health retirement criteria in M’s alternative scheme at the relevant time.
(4) Paragraph (5) applies where a remedy member (“M”)—
(a)makes an application for ill-health retirement benefits which—
(i)was received by the scheme manager before 1st April 2022, and
(ii)is finally determined on or after 1st October 2023, or
(b)is a deferred member of a teacher pension scheme, who—
(i)before 1st April 2022, left all service in an employment or office which is capable of being pensionable service under a teachers’ pension scheme,
(ii)makes an application for ill-health retirement benefits which is received by the scheme manager on or after 1st April 2022, and
(iii)the application has not been finally determined by 1st October 2023.
(5) The scheme manager must determine—
(a)whether M would have met the ill-health retirement criteria in the legacy scheme if the application had been determined on 31st March 2022, and
(b)whether M meets the ill-health retirement criteria in the reformed scheme.
Commencement Information
I1Reg. 62 in operation at 1.10.2023, see reg. 1