The Local Government Superannuation Regulations 1986

Ill-health retirement grant

E4.—(1) This paragraph applies to a person—

(a) who has at any time after 13th November 1978 ceased to hold a local government employment,

(b) who when he ceased to hold that employment—

(i) was entitled to reckon an aggregate of one or more but less than 5 years' reckonable service and qualifying service, and

(ii) was incapable of discharging efficiently the duties of that employment by reason of permanent ill-health or infirmity of mind or body,

(c) who did not cease to hold that employment in consequence of any such offence or misconduct as are mentioned in regulation C12(8),

(d) who is not apart from this regulation entitled, whether by virtue of his having made an election under regulation C12(4)(b) or otherwise, to any payment out of the appropriate superannuation fund, other than an injury allowance under regulation 7 of the Benefits regulations or a return of contributions, and has not—

(i) received any return of contributions other than one in respect of which a payment was made under regulation E20(3) of the 1974 regulations, or

(ii) been granted any gratuity under Part K, under section 18 of the Act of 1953, or under any local Act, or

(iii) received a grant under regulation E20 of the 1974 regulations, and

(e) who if a return of contributions (increased under regulation J10 where that regulation applies) were made to him would receive a net amount smaller than that of a grant calculated in accordance with paragraph (2).

(2) A person to whom paragraph (1) applies is, subject to paragraph (3), entitled to be paid a grant (“an ill-health retirement grant”) of an amount equal to—

(a) one twelfth of his pensionable remuneration multiplied by the length in years of his reckonable service, or

(b) three eightieths of his pensionable remuneration multiplied by the length in years of the total period he would have been entitled to reckon as reckonable service if—

(i) he had continued in local government employment until he had attained the age of 65 years, and

(ii) any added period payments had been completed,

whichever is the lesser amount.

(3) A person to whom paragraph (1) applies—

(a) may, notwithstanding that he is for the time being entitled to an ill health retirement grant, at any time before such a grant is paid to him be granted a gratuity under Part K, and

(b) on being so granted a gratuity under Part K or under a local Act, ceases to be entitled to an ill-health retirement grant.

(4) In the case of a person falling within paragraph (1)(a) to (c) who has ceased to hold his employment after 28th February 1986, the appropriate administering authority are, without prejudice to any subsequent decision under regulation N5 or N6, to notify him in writing, as soon as is reasonably practicable, of the amount of the ill-health retirement grant to which he would, subject to paragraph (3), be entitled if he were and remained a person to whom paragraph (1) applies.