PART 3BENEFITS FOR PRACTITIONERS ETC.
CHAPTER 7RE-EMPLOYMENT AND REJOINING THE SCHEME
Special rules about re-employment of ill-health pensioners
Re-employed tier 1 ill-health pensioners240.
(1)
This regulation applies to re-employed members who are entitled to a tier 1 ill-health pension under regulation 182 in respect of the earlier service.
(2)
For the purposes of determining whether a member can count 45 years of pensionable service for any purpose, the earlier service and the later service are aggregated.
(3)
If the re-employed member became entitled to a tier 1 ill-health pension for the earlier service, and on the termination of the later service the member becomes entitled to—
(a)
a tier 1 ill-health pension, or
(b)
a tier 2 ill-health pension,
under regulation 182 in respect of the later service, the re-employed member is entitled to the benefits set out in paragraph (4).
(4)
The benefits mentioned in paragraph (3) are—
(a)
the member's original tier 1 ill-health pension in respect of his earlier service, and
(b)
a tier 1 or, as the case may be, tier 2 ill-health pension in respect of the later service.
F1This is subject to paragraph (5).
F2(5)
If the re-employed member—
(a)
ceases to be entitled to a tier 1 ill-health pension in respect of the earlier service;
(b)
becomes entitled to a tier 2 ill-health pension in respect of that earlier service in accordance with regulation 183(3); and
(c)
on the termination of the later service, the member becomes entitled to a tier 1 or, as the case may be, tier 2 ill-health pension in respect of that later service,
the re-employed member is entitled to the benefits set out in paragraph (6).
(6)
The benefits mentioned in paragraph (5) are—
(a)
a tier 2 ill-health pension paid in accordance with regulation 182 in respect of the member’s earlier service; and
(b)
a tier 1 ill-health pension in respect of the member’s later service.