The National Health Service Pension Schemes (Remediable Service) Regulations 2023
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Change 1
77 Ill-health pension: acceptance of retrospective applications
(1) This regulation applies where— (a) a remedy member (“M”) submits an application for an ill-health pension on or after 1st October 2023, and (b) the scheme manager is satisfied that it is more likely than not that, but for a relevant breach of a non-discrimination rule, M would, during the period of M’s remediable service, have made the decision to apply for an ill-health pension. (2) The scheme manager may treat the application— (a) in accordance with regulation 27 of the 2015 Transitional Regulations (ill-health benefits: continuity of existing applications), and (b) as if the application had been submitted before 1st April 2022. (3) In this regulation, “ill-health pension” means a pension under— (a) regulation E2A of the 1995 Regulations (ill health pension on early retirement); (b) regulation 2.D.8 or 3.D.7 of the 2008 Regulations (early retirement on ill-health: active members and non-contributing members); or (c) regulation 90 of the 2015 Regulations (entitlement to ill-health pension).
77 Ill-health pension: acceptance of retrospective applications
(1) This regulation applies where— (a) a remedy member (“M”) submits an application for an ill-health pension on or after 1st October 2023, and (b) the scheme manager is satisfied that it is more likely than not that, but for a relevant breach of a non-discrimination rule, M would, during the period of M’s remediable service, have made the decision to apply for an ill-health pension. (2) The scheme manager may treat the application— (a) in accordance with regulation 27 of the 2015 Transitional Regulations (ill-health benefits: continuity of existing applications), and (b) as if the application had been submitted before 1st April 2022. (3) In this regulation, “ill-health pension” means a pension under— (a) regulation E2A of the 1995 Regulations (ill health pension on early retirement); (b) regulation 2.D.8 or 3.D.7 of the 2008 Regulations (early retirement on ill-health: active members and non-contributing members); or (c) regulation 90 of the 2015 Regulations (entitlement to ill-health pension).
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