Local Government Pension Scheme Regulations (Northern Ireland) 2002

Ill-health

29.—(1) Where a member leaves a local government employment by reason of being permanently incapable of discharging efficiently the duties of that employment or any other comparable employment with his employing authority because of ill-health or infirmity of mind or body, he is entitled to an ill-health pension and grant which are payable immediately.

(2) A member –

(a) whose total membership is at least one year, but less than two years;

• and

(b) to whom no transfer value is credited,

is entitled to an ill-health grant (but not a pension), unless paragraph (3) applies to him.

(3) This paragraph applies to a member if –

(a) he is entitled to any payment out of the fund; or

(b) he would receive at least as much as the grant if his contributions were returned to him.

(4) In paragraph (1), “comparable employment” means employment in which, when compared with the member’s employment –

(a) the contractual provisions as to capacity either are the same or differ only to an extent that is reasonable given the nature of the member’s ill-health or infirmity of mind or body; and

(b) the contractual provisions as to place, remuneration, hours of work, holiday entitlement, sickness or injury entitlement and other material terms do not differ substantially from those of the member’s employment.