2.G.5 Re-employed tier 1 ill-health pensionersE+W
(1) This regulation applies to re-employed members who are entitled to a tier 1 ill-health pension under regulation 2.D.8 in respect of the earlier service.
(2) For the purposes of determining whether a member can count 45 years of pensionable service for any purpose, the earlier service and the later service are aggregated.
(3) If the re-employed member became entitled to a tier 1 ill-health pension for the earlier service, and on the termination of the later service the member becomes entitled to—
(a)a tier 1 ill-health pension, or
(b)a tier 2 ill-health pension,
under regulation 2.D.8 in respect of the later service, the re-employed member is entitled to the benefits set out in paragraph (4).
(4) The benefits mentioned in paragraph (3) are—
(a)the member’s original tier 1 ill-health pension in respect of his earlier service, and
(b)a tier 1 or, as the case may be, tier 2 ill-health pension in respect of the later service.
[F1This is subject to paragraph (5).]
[F2(5) If the re-employed member—
(a)ceases to be entitled to a tier 1 ill-health pension in respect of the earlier service,
(b)becomes entitled to a tier 2 ill-health pension in respect of that earlier service in accordance with regulation 2.D.9(3), and
(c)on the termination of the later service, the member becomes entitled to a tier 1 or, as the case may be, tier 2 ill-health pension in respect of that later service,
the re-employed member is entitled to the benefits set out in paragraph (6).
(6) The benefits mentioned in paragraph (5) are—
(a)a tier 2 ill-health pension paid in accordance with regulation 2.D.9 in respect of the member’s earlier service, and
(b)a tier 1 ill-health pension in respect of the member’s later service.]
Textual Amendments
F1Words in reg. 2.G.5(4) inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 48(a) (with reg. 89)