The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015

Insertion of paragraphs 33A and 33B into Schedule 3 (Transitional provisions)

22.  After paragraph 33 of Schedule 3, insert—

“Transition member who has not reached normal pension age under the existing scheme

33A.— (1) This paragraph applies in relation to a transition member (P) who—

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

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

(2) If this paragraph applies—

(a) an ill-health pension is not payable to P under the existing scheme until P’s normal pension age in that scheme; and

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

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

(a) an ill-health pension, the annual rate of which is the sum of—

(i) P’s annual rate of ill-health pension calculated under regulation 113 (annual rate of ill-health pension) 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 E8A (total incapacity benefit where application received on or after 6 April 2007) of the existing scheme and adjusted following any election by P under regulation E6A of those regulations (lump sum in place of part of pension); and

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

(b) (i) any lump sum payable to P under regulation 168 (commutation of part of pension) 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 E6A (lump sum in place of part of pension) 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) 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;

(b) a phased or an early retirement pension with actuarial adjustment is taken under Part E (benefits) to the existing scheme regulations, the pension payable under sub-paragraph (3)(a)(ii) is reduced by an amount equivalent to the value of—

(i) any phased retirement benefits taken from the existing scheme, including any a lump sum;

(ii) any early retirement pension with actuarial adjustment from the old scheme, including any lump sum.

(6) If this paragraph applies, P may not apply under the existing scheme for retirement benefits under Case G as provided in regulation E4 (entitlement to payment of retirement benefits) of the existing scheme regulations.

Transition member in receipt of an ill-health pension who has reached normal pension age under the existing scheme

33B.— (1) This paragraph applies in relation to a transition member (P) in receipt of an ill-health pension in accordance with paragraph 33A.

(2) When P reaches normal pension age under the existing scheme, the benefit which is payable under paragraph 33A in respect of P’s service in the existing scheme ceases to be payable under this scheme, and becomes payable under the existing scheme, in accordance with the existing scheme regulations.

(3) In calculating the annual rate of pension payable under the existing scheme for the purposes of sub-paragraph (2), the following are taken into account—

(a) any lump sums paid out, under the existing scheme or this scheme, including by an election under regulation E6A (lump sum in place of part of pension) or by commutation under regulation E19 (commutation: exceptional circumstances of ill-health) or regulation E19A (commutation: trivial pensions) of the existing scheme regulations;

(b) any transfer payment made to another scheme before the member reached normal pension age under the existing scheme.

(4) Before the payments in sub-paragraph (3)(a) and (b) are taken into account, they must be increased by the amount by which the annual rate of a retirement pension of that amount would have been increased under the Pensions (Increase) Act (Northern Ireland) 1971(1) if—

(a) that pension was eligible to be so increased; and

(b) the entitlement day for that pension was the date P’s ill-health pension became payable under this scheme.”

(1)

1971 c.35 (NI)