Legislation – The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations (Northern Ireland) 2023
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There are currently no known outstanding effects for The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations (Northern Ireland) 2023, Section 53.
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PART 7Provision about special cases
CHAPTER 1Ill-health retirement
Application and interpretation of Chapter 1
53.
(1)
This Chapter applies in relation to a remedy member (“M”) in respect of whom a process of assessment to determine M’s entitlement to ill-health benefits began during the period of M’s remediable service.
(2)
In this Chapter—
“alternative scheme” means, in relation to a person who has been assessed for entitlement to ill-health benefits under—
(a)
the PCSPS(NI), alpha;
(b)
alpha, the PCSPS(NI);
“ill-health benefits” means—
(a)
the following under rule D.4 of Section I—
- (i)
a lower tier pension (“Section I lower tier”), or
- (ii)
a lower tier pension and an upper tier top up pension (“Section I upper tier”);
(b)
an ill health pension, whether or not with a lump sum, under rule 3.4 of Section II (“Section II ill health benefits”);
(c)
the following under rule E.7 of Section III—
- (i)
a lower tier earned pension (“Section III lower tier”), or
- (ii)
a lower tier earned pension and an upper tier top up earned pension (“Section III upper tier”);
(d)
the following under regulation 74 of the 2014 Regulations—
- (i)
a lower tier earned pension (“alpha lower tier”), or
- (ii)
a lower tier earned pension and an upper tier top up earned pension (“alpha upper tier”);
“IHR criteria” means the requirements in connection with a person’s health imposed by the PCSPS(NI) or (as the case may be) the 2014 Regulations for entitlement to ill-health benefits;
“initial assessment” means the process of assessment mentioned in paragraph (1);
“relevant time” means the time when the initial assessment was finally determined, and “finally determined” means—
(a)
it has been determined that the member meets the IHR criteria in a civil service scheme, or
(b)
it has been determined that the member does not meet the ill-health retirement criteria of that scheme, and all routes for disputing that determination have been exhausted (including where any deadline for initiating a dispute has passed and no dispute has been initiated);
“remediable ill-health benefits” means ill-health benefits payable in relation to M’s remediable service.