36.—(1) This paragraph applies if a member of the PCSPS(NI) (or the member’s employer on behalf of the member)—
(a)claimed payment of an ill-health pension under that scheme before the member’s transition date; and
(b)the pension does not become payable before the member’s transition date.
(2) If the member is not entitled to immediate payment of an ill-health pension under the PCSPS(NI), the member joins this scheme on whichever is the later of—
(a)the member’s transition date; and
(b)the day after all relevant appeal rights in relation to the scheme medical adviser’s decision not to give an ill-health retirement certificate are exhausted.
(3) In this paragraph—
“all relevant appeal rights” includes the member’s appeal rights under section 2.04 (F1... Retirement on Medical Grounds) of the Northern Ireland Civil Service HR Handbook; and
“ill-health retirement certificate” means a certificate given by the scheme medical adviser under the PCSPS(NI) stating that, in the opinion of the scheme medical adviser, the member has suffered a permanent breakdown in health involving incapacity for employment or total incapacity for employment.
Textual Amendments
F1Word in Sch. 2 para. 36(3) omitted (with effect in accordance with of the amending Rule) by virtue of The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/67), regs. 1(2), 58(9)
Commencement Information
I1Sch. 2 para. 36 in operation at 18.12.2014, see reg. 1(2)