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The New Firefighters’ Pension Scheme Order (Northern Ireland) 2007

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50.—(1) If, on such consideration as is mentioned in article 49(1), it is found that a person who is in receipt of a higher tier ill–health pension has become capable of undertaking regular employment, his entitlement to that pension shall cease with immediate effect.

(2) Subject to paragraph (3), a lower tier ill–health pension shall continue to be paid to a person who ceases to be entitled to a higher tier ill–health pension.

(3) If—

(a)on such consideration as is mentioned in article 49(1), it is found that a person who is in receipt of a lower tier ill–health pension has become capable of performing the duties appropriate to the role from which he retired on grounds of ill–health; and

(b)the Board make him an offer of employment in that role (“a paragraph (3)(b) offer”),

his entitlement to a lower tier ill–health pension shall cease, with immediate effect, whether or not he accepts or declines the offer.

(4) A person who accepts or declines a paragraph (3)(b) offer becomes entitled to a deferred pension under article 13.

(5) If, on such consideration as is mentioned in article 49(2), it is found that a person whose deferred pension is being paid early has become capable of undertaking regular employment his entitlement to early payment of the deferred pension shall cease with immediate effect.

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