The National Health Service Pension Schemes (Remediable Service) (Scotland) Regulations 2023

Determining whether a member meets the ill-health criteria in each scheme

74.—(1) This regulation applies to a remedy member (“ M”)—

(a) who ceased to be employed in NHS employment during the period of M’s remediable service, and

(b) whose application for an ill-health pension in relation to that service (“M’s application”) has been determined by the scheme manager.

(2) Where this regulation applies, the scheme manager must reconsider M’s application together with any supporting medical evidence to determine whether M would have met the ill-health retirement criteria in M’s alternative scheme or section when the application was initially determined.

(3) Where M or a designated person on M’s behalf (see regulation 7) has the right to make an immediate choice election under regulation 9—

(a) the scheme manager must send a notice in writing to M or the designated person of the outcome of the scheme manager’s determination under paragraph (2) before the immediate choice election period commences in respect of M, and

(b) if M or the designated person on M’s behalf elects to take an ill-health pension as a result of the scheme manager’s determination under paragraph (2), any rights for M to make that election must be deemed to have been fulfilled.

(4) Where M or a designated person on M’s behalf (see regulation 7) has the right to make a deferred choice election under regulation 12—

(a) the scheme manager must send a notice in writing to M or the designated person of the outcome of the scheme manager’s determination under paragraph (2) as soon as reasonably practicable after 1 October 2023, and

(b) if M or the designated person on M’s behalf elects to take an ill-health pension as a result of the scheme manager’s determination under paragraph (2), any rights for M to make that election must be deemed to have been fulfilled.

(5) The provisions of chapter 1 of PSPJOA 2022 and Part 3 of these Regulations about the timing and effect of an immediate choice election by virtue of section 6, and of a deferred choice election by virtue of section 10, of that Act apply subject to this regulation.

(6) In this regulation—

“ill-health pension” means a pension under—

(a)

regulation E3 (early retirement on ill health grounds (post 1^st April 2008)) of the 2011 Regulations ;

(b)

regulation L1 (treatment of pensionable service of early leavers returning to pensionable employment) of the 2011 Regulations;

(c)

regulation 2.D.8 or regulation 3.D.7 of the 2013 Regulations (early retirement on ill- health: active members and non-contributing members);

(d)

regulation 2.D.10 or regulation 3.D.9 of the 2013 Regulations (early retirement on ill- health: deferred members);

(e)

regulation 89 of the 2015 Regulations (entitlement to ill-health pension); or

(f)

regulation 93 of the 2015 Regulations (early retirement on ill-health (deferred members));

“M’s alternative scheme or section” means—

(a)

where M’s eligibility for ill-health pension was assessed under the 1995 Section or the 2008 Section, the 2015 scheme;

(b)

where M’s eligibility for ill-health pension was assessed under the 2015 scheme, the 1995 Section or the 2008 Section (whichever is relevant);

“NHS employment” has the meaning given in schedule 13 to the 2015 Regulations.