The Teachers' Pension Scheme Regulations (Northern Ireland) 2014

SECTION 2 N.I. Ill-health pension

Entitlement day for ill-health pension N.I.

109.  The entitlement day for an ill-health pension is the latest of the following—

(a) the day that falls 6 months before the date of a medical report following consideration of which the Department is satisfied that a person (P) meets the incapacity condition or, if applicable, the total incapacity condition;

(b) the day specified in the medical report as the day on which P first met the incapacity condition or, if applicable, the total incapacity condition;

(c) the day after P leaves all eligible employment;

(d) the date of any previous medical report following consideration of which the Department is not satisfied that P meets the incapacity condition or, if applicable, the total incapacity condition.

Entitlement to ill-health pension N.I.

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 Department 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 eligible employment 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.

(4) Except as provided in regulation 114, an ill-health pension is payable for life.

No entitlement to ill-health pension N.I.

111.—(1) A member (P) is not entitled to payment of an ill-health pension—

(a) in respect of any pensionable service after P reaches normal pension age; or

(b) if paragraph (2) applies.

(2) This paragraph applies if—

(a) P is included, or is being considered for inclusion, in any of the lists mentioned in paragraph (3), or

(b) the General Teaching Council for Northern Ireland M1 or the Department has prohibited, or is considering prohibiting P from teaching on the grounds of misconduct or that P has been convicted of a relevant offence.

(3) The lists are—

(a) the children's barred list (established under Article 6(1)(a) of the 2007 Order);

(b) a list maintained under the law of England and Wales or Scotland which the Department specifies by order under Article 6(2)(b) of the 2007 Order as corresponding to the children's barred list;

(c) the adults' barred list (established under Article 6(1)(b) of the 2007 Order);

(d) a list maintained under the law of England and Wales or Scotland which the Department specifies by order under Article 6(3)(b) of the 2007 Order as corresponding to the adults' barred list.

(4) In this regulation—

“relevant offence” in relation to a teacher means—

(a)

in the case of a conviction in the United Kingdom, a criminal offence other than one having no material relevance to their fitness to be a teacher;

(b)

in the case of a conviction elsewhere, an offence which if committed in the United Kingdom would constitute such an offence mentioned in sub-paragraph (a);

“the 2007 Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 M2 .

Marginal Citations

M1 The General Teaching Council for Northern Ireland was established pursuant to Article 34 of the Education (Northern Ireland) Order 1998/1759 (N.I. 13).

M2 SI 2007/1351 (N.I. 11).

When ill-health pension does not become payable N.I.

112.—(1) If an ill-health pension does not become payable before the death of a member (D), a death grant is payable in respect of the member.

(2) For the purpose of paragraph (1)—

(a) an ill-health pension does not become payable before D's death unless the initial payment of the pension is made before D's death; and

(b) an ill-health pension that becomes payable before D's death but ceases to be payable under regulation 114 or 118 is taken not to become payable before D's death.

Annual rate of ill-health pension N.I.

113.  The annual rate of ill-health pension payable to a person (P) is found by—

(a) taking the amount of full retirement earned pension specified in P's pensioner member's account;

(b) adding the amount of full retirement additional pension (if any) specified in that account; and

(c) subtracting the commutation amount (if any) specified in that account in relation to the sum of those amounts.

When ill-health pension ceases to be payable N.I.

114.  An ill-health pension ceases to be payable to a person (P), unless P has reached normal pension age on the date on which P re-enters eligible employment;