SCHEDULE 3Transitional provisions

PART 7Payment of benefits to transition members

CHAPTER 2Application for payment of benefits

F1Transition member in receipt of an ill-health pension who has reached normal pension age under the existing scheme

33B.

(1)

This paragraph applies in relation to a transition member (P) in receipt of an ill-health pension in accordance with paragraph 33A.

(2)

When P reaches normal pension age under the existing scheme, the benefit which is payable under paragraph 33A in respect of P’s service in the existing scheme ceases to be payable under this scheme, and becomes payable under the existing scheme, in accordance with the existing scheme regulations.

(3)

In calculating the annual rate of pension payable under the existing scheme for the purposes of sub-paragraph (2), the following are taken into account—

(a)

any lump sums paid out, under the existing scheme or this scheme, including by an election under regulation E6A (lump sum in place of part of pension) or by commutation under regulation E19 (commutation: exceptional circumstances of ill-health) or regulation E19A (commutation: trivial pensions) of the existing scheme regulations;

(b)

any transfer payment made to another scheme before the member reached normal pension age under the existing scheme.

(4)

Before the payments in sub-paragraph (3)(a) and (b) are taken into account, they must be increased by the amount by which the annual rate of a retirement pension of that amount would have been increased under the Pensions (Increase) Act (Northern Ireland) 1971 if—

(a)

that pension was eligible to be so increased; and

(b)

the entitlement day for that pension was the date P’s ill-health pension became payable under this scheme.