PART IIPRIMARY PROVISIONS

CHAPTER IVBENEFITS

Retirement benefits

Ill-health29

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.