SECTION 4: AGE RETIREMENT BENEFITS
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Revision of benefits after re-employment of a
member receiving an ill-health pension under Rule 5.01 where Rule 4.50
does not apply
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| 4.52 |
If a person receiving an ill-health pension under Rule 5.01
is re-employed and Rule 4.50 does not apply, he may opt at the time re-employment
begins to be treated in one of the following ways:
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(i) |
his ill-health pension will be cancelled from the date of
re-employment, and his previous reckonable service (excluding the enhancement
under Rule 5.01) will be counted with his service during re-employment for
a single award in accordance with the Rules based on pensionable final earnings
at final retirement or cessation of employment; the lump sum paid at his
earlier retirement being deducted from the lump sum payable in consequence
of final retirement or cessation of employment, for which purpose any deductions
made under Section 6, or otherwise in accordance with the Rules, from the
earlier lump sum will not be so deducted;
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(ii) |
his ill-health pension will be abated under Rules 4.43 and
4.46, and his service during re-employment will reckon in accordance with
the Rules towards a second superannuation award (except that he will be
treated as if his re-employment had begun on or after his sixtieth birthday,
and be given a revised award under Rule 4.50 with his service during re-employment
before age 60 ignored, if this gives a more favourable result, and be entitled
to a return of basic contributions for that service). Rule 3.07 will apply
to his total reckonable service in both periods of employment, for which
purpose his retiring age shall be deemed to be as it was when his ill-health
pension was awarded; and service after his retiring age in excess of 5 years
will not reckon for pension. On final retirement or cessation of employment
the original pension will be reinstated (but without the enhancement under
Rule 5.01) and the element of enhancement in the lump sum paid at his earlier
retirement will be deducted from the lump sum payable for his service during
re-employment. (If he is re-employed again, each appropriate retirement
or cessation of employment may be treated as a final retirement for the
purpose of this Rule; and if he is re-employed again in circumstances to
which Rule 4.50 applies, the reference in that Rule to "5 years"
will be taken to be a reference to the difference between 5 years and his
length of reckonable service on or after his sixtieth birthday in the first
period of re-employment.)
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In either case however, the earlier pension will be restored
in full, with no account taken of service during re-employment (except for
the purpose of abatement of pension under Rule 4.43) if this gives a better
result.
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Provided that:
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(a) |
where the member’s employment ceases on or after 6 April 1975
and he is re-employed after a break not exceeding thirty-one days;
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(b) |
where the member’s employment ceases on or after 6 April 1978
and he is re-employed after a break not exceeding six months;
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(c) |
where a female member has a right to return to work under
the Employment Protection Act 1975 following pregnancy or confinement, and
does in fact return to work after 15 August 1977 pursuant to that right
within the period prescribed under Section 48(1) of that Act;
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paragraph (i) only will apply, and the option in paragraph
(ii) will not be available; and in any case where paragraph (ii) is applied,
the qualifying service related to his ill-health pension shall count as
qualifying (but not reckonable) service for the purpose of any second superannuation
award under paragraph (ii).
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