The Teachers' Pension Scheme Regulations 2014

[F1 Transition member who has not reached normal pension age under the existing scheme E+W

38A.— (1) This paragraph applies to a transition member (P) whilst P—

(a) is entitled to an ill-health pension under this scheme; and

(b) has not reached normal pension age under the existing scheme.

(2) Whilst this paragraph applies—

(a) no pension is payable to P under the existing scheme before P’s normal pension age in that scheme; and

(b) a pension is payable to P under this scheme, determined in accordance with sub-paragraph (3).

(3) Whilst this paragraph applies, the following are payable to P—

(a) a pension, the annual rate of which is the sum of—

(i) P’s annual rate of ill-health pension calculated under regulation 113 of these Regulations,

(ii) the annual rate of retirement pension that would, if P was entitled to payment of an ill-health pension under the existing scheme, be payable to P under the existing scheme regulations, excluding any total incapacity pension payable under regulation 65 of the existing scheme regulations, and adjusted following any election by P under regulation 116 of those Regulations, and

(iii) the annual rate of total incapacity pension, if any, payable under regulation 116 of these Regulations;

(b) (i) any lump sum payable to P under regulation 168 of these Regulations, and

(ii) the amount of any lump sum that would have been payable to P had P been entitled to payment of an ill-health pension under the existing scheme, including any lump sum payable under regulation 116 of the existing scheme regulations, if P makes such an election.

(4) P’s entitlement to the pension payable under sub-paragraph (3)(a)(ii) is subject to the same conditions, and ceases to be payable in the same circumstances, as the pension which P would have received had P been entitled to payment of an ill-health pension under the existing scheme, in accordance with the existing scheme regulations.

(5) If a transfer of benefits takes place from the existing scheme prior to the existing scheme normal pension age, P’s entitlement to the pension payable under sub-paragraph (3)(a)(ii) comes to an end.

(6) If this paragraph applies, P may not apply under the existing scheme for retirement benefits under Case E as provided in Schedule 7 of the existing scheme regulations.]

Textual Amendments

F1 Sch. 3 paras. 38A, 38B inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 10