Legislation – The National Health Service Pension Schemes (Remediable Service) Regulations 2023
PART 12Retirement pensions
Ill-health pension: acceptance of retrospective applications
77.
(1)
This regulation applies where—
(a)
a remedy member (“M”) submits an application for an ill-health pension on or after 1st October 2023, and
(b)
the scheme manager is satisfied that it is more likely than not that, but for a relevant breach of a non-discrimination rule90, M would, during the period of M’s remediable service, have made the decision to apply for an ill-health pension.
(2)
The scheme manager may treat the application—
(a)
in accordance with regulation 27 of the 2015 Transitional Regulations91 (ill-health benefits: continuity of existing applications), and
(b)
as if the application had been submitted before 1st April 2022.
(3)
In this regulation, “ill-health pension” means a pension under—
(a)
regulation E2A of the 1995 Regulations (ill health pension on early retirement);
(b)
regulation 2.D.8 or 3.D.7 of the 2008 Regulations (early retirement on ill-health: active members and non-contributing members); or
(c)
regulation 90 of the 2015 Regulations (entitlement to ill-health pension).