Cancellation of lower tier ill-health pension if medical unfitness ceasesN.I.
109.—(1) This regulation applies if—
(a)The scheme manager carries out a review under regulation 108(review of lower tier ill-health pension);and
(b)the selected medical practitioner gives a report and certificate on the questions referred under regulation 115(2) containing the decision that P's medical unfitness has ceased, the scheme manager may give P notice that P has ceased to be medically unfit for performing the ordinary duties of a member of the police service.
(2) The scheme manager may give P notice that P may rejoin the police service—
(a)within the period of 3 months beginning with the date on which P is given the notice; and
(b)at a rank not lower than the rank which P held immediately before the ill-health pension became payable.
(3) The lower tier ill-health pension ceases to be payable to P on the earlier of—
(a)the last day of the 3 month period; or
(b)the day on which P rejoins the police service.
(4) Paragraph (5) applies if—
(a)a lower tier ill-health pension ceases to be payable under paragraph (3)(a);but
(b)P is not entitled to receive payment of a full retirement pension under Chapter 2 (full retirement benefits) because P has less than 2 years qualifying service.
(5) The scheme manager must pay the difference to P if the aggregate of the following is less than P's aggregate pension contributions in respect of the relevant period of service—
(a)the sums paid in respect of the pension; and
(b)the actuarial value, determined by the scheme manager in accordance with actuarial tables, of any pension to which P is entitled under regulation 204 (guaranteed minimum pensions under section 10 of 1993 Act).