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SCHEDULE 3E+WTransitional provisions

PART 7E+WPayment of benefits to transition members

CHAPTER 2E+WApplication for payment of benefits

Application for payment of ill-health pensionE+W

38.—(1) A transition member (P) will receive any benefits payable under this scheme as part of P's ill-health pension payable under the existing scheme if—

(a)P applies before P's transition date for payment of an ill-health pension, and

(b)P's application is successfully determined F1....

[F2(2) If P makes a successful application for payment of an ill-health pension on or after P’s transition date—

(a)before P’s normal pension age in the existing scheme, P will receive under this scheme an amount equivalent to any benefits due to P in respect of P’s pensionable service in this scheme and in the existing scheme, in accordance with paragraph 38A;

(b)from P’s normal pension age in the existing scheme, P will receive, in accordance with paragraph 38B—

(i)under the existing scheme, any benefits due to P in respect of P’s pensionable service in the existing scheme, and

(ii)under this scheme, any benefits due to P in respect of P’s pensionable service in this scheme.]

[F3(3) If P has more than one normal pension age in the existing scheme under regulation 48 of the existing scheme regulations, sub-paragraph (2) and regulations 38A and 38B apply to each normal pension age in relation to the pensionable service to which it applies.]

Textual Amendments