The Teachers’ Pensions (Remediable Service) (Scotland) Regulations 2023

Ill-health retirement benefit payable in transitional cases

64.—(1) This regulation applies where—

(a) a remedy member’s (“M’s”) application for ill-health retirement benefits was received by the scheme manager before 1 April 2022,

(b) that application is finally determined on or after 1 April 2022, and

(c) M has service in an employment or office which is pensionable service under the reformed scheme on or after 1 April 2022.

(2) Paragraphs (3) and (4) apply where, by virtue of regulation 622 or otherwise, it has been determined that—

(a) M would have met the ill-health retirement criteria in the legacy scheme if the application had been determined on 31 March 2022 (“the legacy scheme condition”), and

(b) M meets the ill-health retirement criteria in the reformed scheme (“the reformed scheme condition”).

(3) The scheme manager must, as soon as reasonably practicable after the date of the latest determination mentioned in paragraph (2), determine—

(a) the amount of the ill-health retirement benefits that would have been payable under the legacy scheme if the application had been determined under the legacy scheme on 31 March 2022 (the “legacy scheme IHR benefits”), and

(b) the amount of the ill-health retirement benefits under the reformed scheme (the “reformed scheme IHR benefits”) calculated up to the later of—

(i) if M is no longer in any service in an employment or office that is capable of being pensionable service under a teacher pension scheme, the last day of such service,

(ii) otherwise, the date on which the determination under this sub-paragraph is made.

(4) Where the reformed scheme IHR benefits payable to a person (“P”) are less than the legacy scheme IHR benefits payable to P, an amount is payable to P under the reformed scheme which is equal to the difference between the reformed scheme IHR benefits and the legacy scheme IHR benefits.

(5) Paragraph (6) applies where, by virtue of regulation 622 or otherwise, it has been determined that—

(a) M meets the legacy scheme condition, but

(b) M does not meet the reformed scheme condition.

(6) An amount is payable to a person by way of ill-health retirement benefits under the reformed scheme which is equal to the amount that would have been payable to that person under the legacy scheme had M’s application been determined under that scheme on 31 March 2022.