The Local Government Pension Scheme Regulations 1997

Amounts of ill-health pension and grant

28.—(1) Where the member's total membership is at least 5 years, the multiplier for an ill-health pension or grant is by reference to the member's enhanced membership period instead of his total membership.

(2) A member's enhanced membership period is—

(a) if his total membership is less than 10 years, twice his total membership;

(b) if his total membership is at least 10 years, but not more than 13 122/365 years, 20 years; and

(c) otherwise, his total membership plus 6 243/365 years.

(3) But the enhanced membership period must not exceed 40 years or the total membership the member would have had if he had continued as an active member until he was 65, whichever is the shorter.

(4) If the member became entitled to ill-health benefits under the Scheme before he was in the employment from which he has retired, his enhanced membership period must be calculated—

(a) by including in his total membership his total in the previous employment, and

(b) deducting from his total membership the period by which his membership period for that employment was increased for calculating those benefits.

(5) Where membership includes membership in part-time employment, the enhanced membership period must be calculated by first working out what it would be if the employment were all whole-time, and then reducing the resulting period by the appropriate fraction (but see paragraph (8)).

(6) The appropriate fraction is the fraction of which the numerator is the member's total membership and the denominator is the period which would be his total membership if his employment had all been whole-time.

(7) In the case of a member in part-time employment with non-cyclical fluctuating contractual hours, that fraction must be determined by making separate calculations for each period over which averaging of the member's hours occurs in calculating his contractual hours.

(8) If the member's total membership includes a period of at least 13 122/365 years in whole-time employment, paragraph (5) does not apply.

(9) If a member is entitled under regulation 27(3) to an ill-health grant (but not a pension), the multiplier for the grant is—