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PART 5 E+WRetirement benefits for teachers

CHAPTER 6E+WIll-health retirement

SECTION 2E+WIll-health pension

[F1When ill-health pension is taken to become payable before death of member: commutation of whole pension (serious ill-health)E+W

112A.  An ill-health pension is taken to become payable before the death of a member (D) if—

(a)before D’s death D made an ill-health application;

(b)at the same time as D made the ill-health application, D made an application under regulation 171 (commutation of whole pension (serious ill-health)) for commutation of the ill-health pension and, if applicable, a total incapacity pension; and

(c)following consideration of the applications mentioned in sub-paragraphs (a) and (b), the Secretary of State determines that the ill-health pension and, if applicable, any total incapacity pension payable with it, should be commuted.]