36.—(1) This paragraph applies if a member of the PCSPS (or the member’s employer on behalf of the member)—
(a)claimed payment of an ill-health pension under that scheme before the member’s transition date; and
(b)the pension does not become payable before the member’s transition date.
(2) If the member is not entitled to immediate payment of an ill-health pension under the PCSPS, the member joins this scheme on whichever is the later of—
(a)the member’s transition date; and
(b)the day after all relevant appeal rights in relation to the scheme medical adviser’s decision not to give an ill-health retirement certificate are exhausted.
(3) In this paragraph—
“all relevant appeal rights” includes the member’s appeal rights under section 11.10 of the Civil Service Management Code issued under Part 1 of the Constitutional Reform and Governance Act 2010(1); and
“ill-health retirement certificate” means a certificate given by the scheme medical adviser under the PCSPS stating that, in the opinion of the scheme medical adviser, the member has suffered a permanent breakdown in health involving incapacity for employment or total incapacity for employment.