The Teachers' Superannuation (Scotland) Regulations 1993

Suspension and resumption of incapacity pensions

E14.—(1) This regulation applies where a teacher who became entitled to payment of a pension by virtue of regulation E5(1)(e) ceases to be incapacitated.

(2) On his ceasing to be incapacitated the pension may be suspended from such date as the Secretary of State thinks appropriate, but any equivalent pension benefits continue to be payable.

(3) Subject to paragraphs (4) to (6) payment of the pension shall be resumed–

(a) from the date he attains age 60; or

(b) if earlier, and the Secretary of State is satisfied that he has again become incapacitated, from the date on which application for resumption of payment is received.

(4) A pension shall not be resumed under paragraph (3)(b) if the teacher has been in pensionable employment at any time after he first became entitled to payment of the pension, unless he became so employed in the period of 12 months immediately preceding the date of application for resumption of payment.

(5) If a pension becomes payable again under paragraph (3)(b) and the Secretary of State is satisfied that the teacher was incapacitated during any part of the period during which the payment of the pension was suspended, the pension appropriate to that period shall be paid to the teacher.

(6) If a pension becomes payable again under paragraph (3)(a), it shall be treated for the purposes of regulation E15 as one to the payment of which he has become entitled by virtue of regulation E5(1)(a).