Legislation – The Police Pensions (Remediable Service) Regulations 2023
Part 7Provision about special cases
Chapter 1Ill-health retirement
M’s entitlement to ill-health benefits to be treated as equivalent in M’s alternative scheme50.
(1)
For the purposes of PSPJOA 2022 and these Regulations, M is to be treated as meeting the requirements for an equivalent ill-health award in M’s alternative scheme.
(2)
No question relating to M’s entitlement to ill-health benefits that has been decided following referral to a selected medical practitioner is to be re-opened by virtue of any provision of PSPJOA 2022 or of these Regulations.
(3)
In this regulation—
“equivalent ill-health award in M’s alternative scheme” means—
(a)
where M is entitled to an ill-health award under regulation B3 of the 1987 Regulations, a lower tier award under the reformed scheme;
(b)
where M is entitled to—
- (i)
a lower tier award under the 2006 scheme, a lower tier award under the reformed scheme;
- (ii)
an upper tier award under the 2006 scheme, an upper tier award under the reformed scheme;
(c)
where M is entitled to—
- (i)
a lower tier award under the reformed scheme, and—
- (aa)
M’s legacy scheme is the 1987 scheme, an award under regulation B3 of the 1987 Regulations;
- (bb)
M’s legacy scheme is the 2006 scheme, a lower tier award under that scheme;
- (aa)
- (ii)
an upper tier award under the reformed scheme and M’s legacy scheme is the 2006 scheme, an upper tier award under that scheme;
“lower tier award” means, in relation to—
(a)
the 2006 scheme, an award determined in accordance with regulation 29(3) of the 2006 Regulations;
(b)
the reformed scheme, an ill-health pension payable under regulation 102(3)(a) of the 2015 Regulations;
“upper tier award” means, in relation to—
(a)
the 2006 scheme, an award determined in accordance with regulation 29(4) of the 2006 Regulations;
(b)
the reformed scheme, an ill-health pension payable under regulation 102(3)(b) of the 2015 Regulations.