2008 Section Optants who are in receipt of a lower tier ill health pension under regulation E3 of the 2011 Regulations
3.K.21.—(1) This regulation applies to a 2008 Section Optant who—
(a)is entitled to a lower tier ill health pension under regulation E3 (early retirement on ill health grounds (post 1st April 2008)) of the 2011 Regulations in respect of service in the 1995 Section (“the earlier 1995 Section service”); and
(b)becomes entitled to a lower tier ill health pension or, as the case may be, 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 service in this Section of the scheme (“the later 2008 Section service”).
(2) For the purposes of determining whether an Optant can count 45 years of pensionable service for any purpose, the earlier 1995 Section service and the later 2008 Section service are aggregated.
(3) If, on the termination of the later 2008 Section service the Optant becomes entitled, under regulation 3.D.7, to—
(a)a lower tier ill health pension; or
(b)an upper tier ill health pension,
in respect of the later 2008 Section service, the Optant is entitled to the benefits set out in paragraph (4).
(4) Subject to paragraph (5) and regulations 3.K.12 to 3.K.15 and 3.K.16, the benefits mentioned in paragraph (3) are—
(a)the member’s lower tier ill health pension under regulation E3 of the 2011 Regulations in respect of the member’s earlier 1995 Section service; and
(b)a lower tier ill health pension or, as the case may be, an upper tier ill health pension in respect of the member’s later 2008 Section service.
(5) If the Optant—
(a)ceases to be entitled to a lower tier ill health pension in respect of the earlier 1995 Section service;
(b)becomes entitled to an upper tier ill health pension in respect of that earlier 1995 Section service in accordance with regulation E4 (re-assessment of ill health condition determined under regulation E3) of the 2011 Regulations; and
(c)becomes entitled to a lower tier ill health pension or, as the case may be, an upper tier ill health pension in respect of later 2008 Section service on the termination of that later service,
the Optant is entitled to the benefits set out in paragraph (6).
(6) Those benefits are—
(a)an upper tier ill health pension paid in accordance with regulation E4 (re-assessment of ill health condition determined under regulation E3) of the 2011 Regulations in respect of the earlier 1995 Section service; and
(b)a lower tier ill health pension in respect of the later 2008 Section service.