PART 3Amendment of the National Health Service Pension Scheme Regulations 2008

Amendment of regulation 3.G.5

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..