28.—(1) This regulation applies in relation to a person (P) who is ineligible under this scheme for payment of ill-health benefits.
(2) The scheme manager may require P to submit to an examination by a selected medical practitioner in order that the scheme manager may re-determine P’s eligibility under this scheme for payment of ill-health benefits.
(3) If the scheme manager requires P to submit to an examination under this regulation, the scheme manager, by applying the opinion set out in the final medical report and advice from the scheme actuary, must determine whether the risk that P will retire on grounds of permanent medical unfitness (“the risk”) is such that the likely cost of providing P with benefits under this scheme is disproportionately high.
(4) If the scheme manager determines under this regulation that the risk is such that the likely cost of providing P with benefits under this scheme is not disproportionately high, P is eligible under this scheme for payment of ill-health benefits from the date of that determination.
(5) P is taken to begin pensionable service under this scheme on the date of that determination for the purpose of calculating—
(a)the annual rate of ill-health pension under this scheme; or
(b)the annual rate of a full retirement pension which comes into payment early on grounds of permanent medical unfitness.