PART 5Member’s benefits
CHAPTER 5Ill-Health pension
Entitlement to ill-health pension89
1
An active member (M) is entitled to immediate payment of—
a
an ill-health pension at Tier 1 (a Tier 1 IHP) if the Tier 1 conditions are satisfied in relation to M;
b
an ill-health pension at Tier 2 (a Tier 2 IHP) if the Tier 2 conditions are satisfied in relation to M.
2
The Tier 1 conditions are that—
a
M has not attained normal pension age;
b
M has ceased to be employed in HSC employment;
c
the scheme manager is satisfied that M suffers from physical or mental infirmity as a result of which M is permanently incapable of efficiently discharging the duties of M’s employment;
d
M’s employment is terminated because of the physical or mental infirmity; and
e
M claims payment of the pension.
3
The Tier 2 conditions are that—
a
the Tier 1 conditions are satisfied in relation to M; and
b
the scheme manager is also satisfied that M suffers from physical or mental infirmity as a result of which M is permanently incapable of engaging in regular employment of like duration.
4
M is not entitled to payment of a pension under this regulation if M’s HSC employment is terminated because—
a
M is dismissed (unless the scheme manager is satisfied that the dismissal was because of M’s infirmity);
b
M retires or resigns at a time when—
i
M is subject to disciplinary proceedings; or
ii
had been notified that such proceedings were being contemplated; or
c
M otherwise retires or resigns, unless—
i
at the time of doing so M’s employing authority has notified the scheme manager in writing that M’s physical or mental infirmity is the reason for the termination; and
ii
the scheme manager is satisfied that is the case.
5
In paragraph (3)(b), “regular employment of like duration” means—
a
in the case of a practitioner or a non-GP provider, such employment as the scheme manager thinks would involve a similar level of engagement to M’s current pensionable service as a practitioner or non-GP provider;
b
in any other case, where prior to ceasing HSC employment, M was employed—
i
on a whole-time basis, regular employment on a whole time basis;
ii
on a part-time basis, regular employment on a part-time basis, regard being had to the number of hours, half days and sessions M worked in the employment.
6
A pension under this regulation is payable for life: but see regulations 94 and 95.