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10.—(1) Schedule 2 is amended as follows.
(2) In Part 1 (general) in paragraph 3(2) for “paragraphs (3) and (4)”, substitute “sub-paragraphs (3) and (4)”.
(3) In Part 3(1) (exceptions to section 18(1) of the 2013 Act: tapered protection members of the 1992 Scheme or the NFPS) in paragraph 18(3)(c), omit “would” in the second place where it occurs.
(4) In Part 3A(2) (payment of ill-health benefits to transition members) in paragraph 22(2)(a), after “rule 2” insert “of Part 3”.
(5) In Part 3C(3) (transitional provisions relating to the NFPS and the 1992 Scheme)—
(a)in paragraph 37 (scheme manager determines member of the NFPS is not entitled to an ill-health award)—
(i)for the heading substitute “Authority determines the entitlement of a member of the NFPS to an ill-health award”;
(ii)in sub-paragraph (2) for “If this paragraph applies” substitute “If the authority subsequently determines that the member of the NFPS is not entitled to an ill-health award”; and
(iii)after sub-paragraph (2), insert—
“(3) If the authority subsequently determines that the member of the NFPS is entitled to an ill- health award—
(a)the member shall not join this scheme;
(b)the member shall continue to be a member of the NFPS; and
(c)the ill-health award shall be payable under rule 2 of Part 3 (award on ill-health retirement) of the NFPS.”; and
(b)in paragraph 38 (scheme manager determines member of the 1992 Scheme is not entitled to an ill-health award)——
(i)for the heading substitute “Authority determines the entitlement of a member of the 1992 Scheme to an ill- health award”;
(ii)in sub-paragraph (2) for “If this paragraph applies” substitute “If the authority subsequently determines that the member of the 1992 Scheme is not entitled to an ill-health award”;
(iii)in sub-paragraph (2)(b) for “H2A (appeals against opinion on medical advice)” substitute “H2 (appeal against opinion on a medical issue)”; and
(iv)after sub-paragraph (2) insert—
“(3) If the authority subsequently determines that the member of the 1992 Scheme is entitled to an ill-health award—
(a)the member shall not join this scheme;
(b)the member shall continue to be a member of the 1992 Scheme; and
(c)the ill-health award shall be payable under rule B3 (ill-health awards) of the 1992 Scheme.”.
Paragraph 3(2) of Schedule 2 was amended by S.I 2015/589.
Part 3A was inserted by S.I 2015/589.
Part 3C was inserted by S.I.2015/589.
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