Effect of re-employment on upper tier ill health pensions
3.G.4.—(1) This regulation applies to a member who is entitled to an upper tier ill health pension under regulation 3.D.7 (early retirement on ill health: active members and non-contributing members) in respect of earlier service and who—
(a)did not opt to exchange that pension for a lump sum in accordance with regulation 3.D.11 (option for members in serious ill health to exchange whole pension for lump sum); and
(b)has re-entered further employment (“the further employment”).
(2) Subject to paragraphs (3) and (4), the member ceases to be entitled to the upper tier ill health pension under regulation 3.D.7 and becomes entitled to a lower tier ill health pension under that regulation.
(3) In a case where the further employment is—
(a)not NHS employment; and
(b)an excluded employment,
paragraph (2) does not apply.
(4) In a case where the further employment is—
(a)NHS employment; and
(b)an excluded employment,
paragraph (2) does not apply during the initial period.
(5) As regards a further employment in NHS employment—
(a)paragraph (2) applies from the first lower tier ill health pension payment date which falls after the first anniversary of the member’s re-entry into NHS employment, whether or not that day is part of a continuous period of further NHS employment beginning with entry into that employment; and
(b)the member may not rejoin this Section of the scheme in respect of that employment or any other NHS employment until after the first anniversary of the member’s re-entry into NHS employment, whether or not that or any other NHS employment is an excluded employment.
(6) For the purposes of this regulation—
(a)an employment is an excluded employment at any time in a tax year, in relation to a member, if the member’s earnings at that time for the purposes of national insurance from the employment and any other employments are such that the lower earnings limit for that year is not exceeded;
(b)for the purposes of paragraph (2) an employment that has been an excluded employment in a tax year is not to be treated as ceasing to be such an employment until the first day following the end of the pension pay period for the upper tier ill health pension in which the limit described in sub-paragraph (a) is first exceeded; and
(c)“the initial period” means the period of 12 months beginning with the day on which the member first enters an employment which results in this regulation applying.
(7) A member who, before attaining age 65, has ceased to be entitled to an upper tier ill health pension under paragraph (2), and who—
(a)is in further NHS employment and ceases to be employed at all during the initial period; or
(b)is in further employment that is not NHS employment and ceases to be employed in that further employment within a period of one year beginning with the day on which that further employment ceased to be an excluded employment,
may apply to the Scottish Ministers under this paragraph to become entitled to an upper tier ill health pension.
(8) An application under paragraph (7)—
(a)where paragraph (7)(a) applies, must—
(i)state that the member has ceased to be employed at all;
(ii)be made within the initial period; and
(iii)be made in writing and be accompanied by evidence from a registered medical practitioner(1) that the member meets the condition in regulation 3.D.7(3)(a) (early retirement on ill health: active members and non-contributing members); and
(b)where paragraph (7)(b) applies, must—
(i)state that the member has ceased to be employed at all;
(ii)be made within a period of one year beginning with the day on which that employment ceased to be an excluded employment; and
(iii)be made in writing and be accompanied by evidence from a registered medical practitioner that the member meets the condition in regulation 3.D.7(3)(a).
(9) If on an application under paragraph (7) the Scottish Ministers are satisfied that the member meets the condition in regulation 3.D.7(3)(a), from the day following that on which the member’s last employment ceased—
(a)the member ceases to be entitled to the lower tier ill health pension under regulation 3.D.7; and
(b)becomes entitled to an upper tier ill health pension under that regulation in respect of the earlier service.
(10) A member who falls within paragraph (1) must—
(a)notify the Scottish Ministers if the member is in NHS employment at the end of the initial period;
(b)notify the Scottish Ministers if the member’s aggregate earnings for the purposes of national insurance from employments held in a tax year are such that the lower earnings limit for that year is exceeded; and
(c)provide the Scottish Ministers or any other person specified by the Scottish Ministers with such further information as the Scottish Ministers specify concerning any further employment.
(11) This regulation is subject to regulation 3.G.5 (re-employed lower tier ill health pensioners).
“Registered medical practitioner” is defined in Schedule 1 to the Interpretation Act 1978 (c.30), as amended by S.I. 2002/3135.