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79. In regulation 3.G.5 (re-employed tier 1 ill-health pensioners)—
(a)in paragraph (4) at the end, insert (as full-out words) “This is subject to paragraph (5).”;
(b)after paragraph (4) add—
“(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 3.D.8(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 3.D.7 in respect of the member’s earlier service, and
(b)a tier 1 ill-health pension in respect of the member’s later service.”.
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