5(1)This paragraph applies in the case of a member of the past service scheme who retires, or has already retired, before reaching the retiring age on grounds of having become incapable through infirmity of performing the duties of his or her office.
(2)If the member retired before 1 January 1998, the rate of pension is the rate to which the member would have been entitled if he or she—
(a)had continued until reaching the retiring age to perform pensionable service of the kind he or she was performing immediately before retiring, and
(b)had retired on reaching the retiring age.
(3)Otherwise, the rate of pension is the rate, and (if the member retires after the commencement of this Schedule) the amount of the lump sum payment is the amount, to which the member would have been entitled if he or she had retired on reaching the retiring age.
6(1)This paragraph applies in the case of a member of the past service scheme—
(a)who ceases, or has already ceased, to perform pensionable service before reaching the retiring age and without becoming entitled to receive a pension under the scheme, and
(b)who, after ceasing to do so but before reaching the retiring age, satisfies the Board that he or she has, or satisfied it that he or she had, become incapable through infirmity of performing pensionable service.
(2)The rate of pension is the rate, and (if the member ceases to perform pensionable service after the commencement of this Schedule) the amount of the lump sum payment is the amount, to which the member would have been entitled if he or she had reached the retiring age on the day on which he or she ceased to perform pensionable service.