Legislation – The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023
PART 7Provision about special cases
CHAPTER 1Ill-health retirement
Remedy members entitled to ill-health benefits in their alternative scheme only
56.
(1)
This regulation applies where—
(a)
it was finally determined, pursuant to the initial assessment, that M was not entitled to any ill-health benefits under alpha,
(b)
it is determined, pursuant to regulation 54, that at the relevant time M met the IHR criteria in whichever of Section I, Section II or Section III is M’s relevant Chapter 1 legacy scheme, and
(c)
M is, or at any time was, a pensioner member of alpha in relation to their remediable service.
(2)
Where the benefits payable in relation to M’s remediable service are, by virtue of these Regulations and PSPJOA 2022, PCSPS benefits, M is to be treated as entitled to the payment of ill-health benefits—
(a)
of an amount that would have been determined under the PCSPS if the relevant time had been 31st March 2022, and
(b)
payable—
(i)
from alpha, and
(ii)
from the day M became a pensioner member of alpha in relation to their remediable service.
(3)
M is not entitled to the payment of ill-health benefits from the PCSPS.