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SCHEDULE 3E+WTransitional provisions

PART 7E+WPayment of benefits to transition members

CHAPTER 2E+WApplication for payment of benefits

[F1Reduction of ill-health pension and total incapacity pensionE+W

39B.(1) This paragraph applies to a transition member (P), if—

(a)P is entitled to receive benefits payable under this scheme, including total incapacity pension; and

(b)P was in receipt of a previous ill-health pension following an application which was received by the Secretary of State before 6th January 2007.

(2) The scheme manager may determine, after taking advice from the scheme actuary, that either or both of the following benefits are reduced—

(a)P’s total incapacity benefits in this scheme;

(b)part of P’s ill health benefits under regulation 71 of the existing scheme regulations (including by reference to paragraph 39A).]