Periodical review of entitlement to upper tier top up earned pensionN.I.
77.—(1) This regulation applies in relation to a member of this scheme (P) who meets the upper tier payment threshold.
(2) The scheme medical adviser—
(a)must periodically review whether, as a result of P’s breakdown in health, P remains incapable of gainful employment; and
(b)after carrying out a review, must give an opinion on that matter to the scheme manager.
(3) A review must be carried out—
(a)at any time the scheme manager directs; and
(b)in any event—
(i)before the fifth anniversary of the day on which P became entitled to the pension; and
(ii)subsequently at intervals not exceeding 5 years.
(4) A review is not required after the member reaches normal pension age under this scheme.
(5) P ceases to be entitled to an upper tier top up earned pension—
(a)at the end of the period of 3 months beginning with the date on which the scheme medical adviser, after carrying out a review, gives an opinion that P is no longer incapable of gainful employment; or
(b)if earlier, the day on which P returns to service in a scheme employment.