The Public Service (Civil Servants and Others) Pensions Regulations 2014
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Change 1
77 Periodical review of entitlement to upper tier top up earned pension
(1) This regulation applies in relation to a member of this scheme (P) who meets the upper tier payment threshold. (2) The scheme medical adviser— (a) must periodically review whether, as a result of P’s breakdown in health, P remains incapable of gainful employment; and (b) after carrying out a review, must give an opinion on that matter to the scheme manager. (3) A review must be carried out— (a) at any time the scheme manager directs; and (b) in any event— (i) before the fifth anniversary of the day on which P became entitled to the pension; and (ii) subsequently at intervals not exceeding 5 years. (4) A review is not required after the member reaches normal pension age under this scheme. (5) P ceases to be entitled to an upper tier top up earned pension— (a) at the end of the period of 3 months beginning with the date on which the scheme medical adviser, after carrying out a review, gives an opinion that P is no longer incapable of gainful employment; or (b) if earlier, the day on which P returns to service in a scheme employment.
77 Periodical review of entitlement to upper tier top up earned pension
(1) This regulation applies in relation to a member of this scheme (P) who meets the upper tier payment threshold. (2) The scheme medical adviser— (a) must periodically review whether, as a result of P’s breakdown in health, P remains incapable of gainful employment; and (b) after carrying out a review, must give an opinion on that matter to the scheme manager. (3) A review must be carried out— (a) at any time the scheme manager directs; and (b) in any event— (i) before the fifth anniversary of the day on which P became entitled to the pension; and (ii) subsequently at intervals not exceeding 5 years. (4) A review is not required after the member reaches normal pension age under this scheme. (5) P ceases to be entitled to an upper tier top up earned pension— (a) at the end of the period of 3 months beginning with the date on which the scheme medical adviser, after carrying out a review, gives an opinion that P is no longer incapable of gainful employment; or (b) if earlier, the day on which P returns to service in a scheme employment.
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