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110.—(1) A member (P) is entitled to payment of an ill-health pension from the entitlement day if—
(a)P is qualified or re-qualified for retirement benefits;
(b)P has not reached normal pension age;
(c)P has left all eligible employment;
(d)P has applied under regulation 162 for payment of an ill-health pension;
(e)P has not applied under that regulation for payment of any other retirement pension; and
(f)the scheme manager is satisfied after consideration of a medical report—
(i)if paragraph (2) applies, that P meets the incapacity condition and the total incapacity condition; or
(ii)if paragraph (3) applies, that P meets the incapacity condition.
(2) This paragraph applies if—
(a)P left all eligible employment for a reason other than because P was incapacitated; or
(b)P made the ill-health application more than 2 years after the last day of pensionable service.
(3) This paragraph applies if—
(a)P left all [F1pensionable service] because P was incapacitated; and
(b)P made the ill-health application—
(i)before leaving all eligible employment; or
(ii)within 2 years after the last day of pensionable service.
[F2(3A) Where paragraph (3) applies, the illness or injury which P relies upon in P’s ill-health application to meet the incapacity condition must be—
(a)the same illness or injury which was the reason, or as the case may be, one of the reasons for P leaving pensionable employment; or
(b)connected to or consequent upon that injury or illness.]
(4) Except as provided in regulation 114, an ill-health pension is payable for life.
Textual Amendments
F1Words in reg. 110(3)(a) substituted (30.11.2017) by The Teachers Pensions Schemes (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1084), regs. 1, 15(a)
F2Reg. 110(3A) inserted (30.11.2017) by The Teachers Pensions Schemes (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1084), regs. 1, 15(b)