The Teachers’ Pension Scheme (Scotland) (No. 2) Regulations 2014

SECTION 1 General

Interpretation

103.  In this Chapter—

“ill-health application” means an application under regulation 159 for payment of—

(a)

an ill-health pension; and

(b)

if applicable, a total incapacity pension;

“medical report” means a medical report accompanying an ill-health application.

Incapacity definitions

104.  In this Chapter, a person (P)—

(a) is incapacitated if, as a result of illness or injury, P is unfit to be in eligible employment despite appropriate medical treatment;

(b) meets the incapacity condition if—

(i) P is incapacitated; and

(ii) P is likely to be incapacitated permanently; and

(c) meets the total incapacity condition if—

(i) P is incapacitated; and

(ii) P’s ability to carry out any work is impaired by more than 90% and is likely to be impaired by more than 90% permanently.

Ill-health applications

105.—(1) An ill-health application made by a person (P)—

(a) must be accompanied by all the medical evidence necessary for the scheme manager to determine that P is entitled to the payment of an ill-health pension or a total incapacity pension; and

(b) must be signed by P’s employer unless—

(i) P left all eligible employment for a reason other than because P was incapacitated; or

(ii) P made the ill-health application more than 2 years after the last day of pensionable service.

(2) The medical evidence must include a medical report containing evidence that P meets—

(a) the incapacity condition; and

(b) if applicable, the total incapacity condition.

(3) An application for a total incapacity pension will not be granted unless it is made—

(a) before P leaves all eligible employment; or

(b) within 2 years after the last day of pensionable service.