Amendment of regulation 240
75.—(1) Regulation 240 (Re-employed tier 1 ill-health pensioners) is amended as provided by paragraphs (2) and (3).
(2) In paragraph (4) at the end, insert (as full-out words) “This is subject to paragraph (5).”.
(3) After paragraph (4) add—
“(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.”.