PART 7Provision about special cases

CHAPTER 1Ill-health retirement

M’s entitlement to ill-health benefits to be treated as equivalent in M’s alternative scheme 53

1

This regulation applies in relation to an immediate choice member (“M”) who, during the period beginning on 1 April 2015 and ending on 31 March 2022, was—

a

a 2007 IHR member; or

b

a 2015 IHR member.

2

For the purposes of the PSPJOA 2022 and these Regulations, M is to be treated as meeting the requirements for an equivalent ill-health award in M’s alternative scheme.

3

In paragraph (2), “equivalent ill-health award in M’s alternative scheme” means, where M is entitled to—

a

a lower tier award under the 2007 scheme, a lower tier award under the 2015 scheme;

b

a higher tier award under the 2007 scheme, a higher tier award under the 2015 scheme;

c

a lower tier award under the 2015 scheme, and—

i

M’s legacy scheme is the 1992 scheme, a lower tier award under that scheme;

ii

M’s legacy scheme is the 2007 scheme, a lower tier award under that scheme;

d

a higher tier award under the 2015 scheme, and—

i

M’s legacy scheme is the 1992 scheme, a higher tier award under that scheme;

ii

M’s legacy scheme is the 2007 scheme, a higher tier award under that scheme.

4

No question relating to M’s entitlement to ill-health benefits that has been decided following a referral to an IQMP is to be re-opened by virtue of any provision of the PSPJOA 2022 or of these Regulations.