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

Entitlement to ill-health pension

107.—(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 159 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 scheme manager is satisfied after consideration of a medical report that—

(i) if paragraph (2) applies, P meets the incapacity condition and the total incapacity condition; or

(ii) if paragraph (3) applies, 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 111, an ill-health pension is payable for life.