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PART 5 E+WRetirement benefits for teachers

CHAPTER 6E+WIll-health retirement

SECTION 2E+WIll-health pension

Entitlement to ill-health pensionE+W

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.