Re-employed lower tier ill health pensioners
2.G.5.—(1) This regulation applies to re-employed members who are entitled to a lower tier ill health pension under regulation 2.D.8 (early retirement on ill health: active members and non-contributing members) 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 lower tier ill health pension for the earlier service, and on the termination of the later service the member becomes entitled to—
(a)a lower tier ill health pension; or
(b)an upper tier ill health pension,
under regulation 2.D.8 in respect of the later service, the re-employed member is entitled to the benefits set out in paragraph (4).
(4) Subject to paragraph (5), the benefits mentioned in paragraph (3) are—
(a)the member’s original lower tier ill health pension in respect of the member’s earlier service; and
(b)a lower tier ill health pension or, as the case may be, an upper tier ill health pension in respect of the later service.
(5) If the re-employed member—
(a)ceases to be entitled to a lower tier ill health pension in respect of the earlier service;
(b)becomes entitled to an upper tier ill health pension in respect of that earlier service in accordance with regulation 2.D.9(3) (re-assessment of entitlement to an ill health pension); and
(c)on the termination of the later service, the member becomes entitled to a lower tier ill health pension or, as the case may be, an upper tier 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)an upper tier ill health pension paid in accordance with regulation 2.D.9 in respect of the member’s earlier service; and
(b)a lower tier ill health pension in respect of the member’s later service.