PART 12Retirement pensions
Determining whether a member meets the ill-health criteria in each scheme 76
1
This regulation applies to or in respect of a remedy member (“M”)—
a
who ceased to be employed in NHS employment during the period of M’s remediable service, and
b
whose application for an ill-health pension in relation to that service (“M’s application”) has been determined by the scheme manager.
2
Where this regulation applies, the scheme manager must reconsider M’s application together with any supporting medical evidence (where relevant) to determine whether M would have met the ill-health retirement criteria in M’s alternative scheme or section when the application was initially determined.
3
Where M or a designated person on M’s behalf has the right to make an immediate choice election under regulation 9—
a
the scheme manager must send a notice in writing to M or the designated person of the outcome of the scheme manager’s determination under paragraph (2) before the immediate choice election period commences in respect of M, and
b
if M or the designated person on M’s behalf elects to take an ill-health pension as a result of the scheme manager’s determination under paragraph (2), any rights for M to make that election must be deemed to have been fulfilled.
4
Where M or a designated person on M’s behalf has the right to make a deferred choice election under regulation 12—
a
the scheme manager must send a notice in writing to M or the designated person of the outcome of the scheme manager’s determination under paragraph (2) as soon as reasonably practicable after 1st October 2023, and
b
if M or the designated person on M’s behalf elects to take an ill-health pension as a result of the scheme manager’s determination under paragraph (2), any rights for M to make that election must be deemed to have been fulfilled.
5
The provisions of Chapter 1 of Part 1 of PSPJOA 2022 and Part 3 of these Regulations about the timing and effect of an immediate choice election by virtue of section 6, and of a deferred choice election by virtue of section 10, of that Act apply subject to this regulation.
6
In this regulation—
“ill-health pension” means a pension under—
- a
regulation E2A of the 1995 Regulations84 (ill health pension on early retirement);
- b
regulation L1(3) of the 1995 Regulations85 (preserved pension: entitlement to pension and retirement lump sum before age 60);
- c
regulation 2.D.8 or 3.D.7 of the 2008 Regulations86 (early retirement on ill-health: active members and non-contributing members);
- d
regulation 2.D.10 or 3.D.9 of the 2008 Regulations87 (early retirement on ill-health (deferred members));
- e
regulation 90 of the 2015 Regulations88 (entitlement to ill-health pension); or
- f
regulation 94 of the 2015 Regulations89 (early retirement on ill-health (deferred members));
- a
“M’s alternative scheme or section” means—
- a
where M’s eligibility for an ill-health pension was assessed under the 1995 Section or the 2008 Section, the 2015 scheme;
- b
where M’s eligibility for an ill-health pension was assessed under the 2015 scheme, the 1995 Section or the 2008 Section (whichever is relevant);
- a
“NHS employment” has the meaning given in Schedule 15 to the 2015 Regulations.