PART 5 Retirement benefits for teachers

CHAPTER 6Ill-health retirement

SECTION 3Total incapacity pension

Cessation of total incapacity pension118

1

A total incapacity pension ceases to be payable to a person (P) on the date on which P's ability to carry out any work ceases to be impaired by more than 90%, unless P has reached normal pension age before that date.

2

For the purpose of paragraph (1), P's ability to carry out any work ceases to be impaired by more than 90% on the earliest of the following dates—

a

the date of a medical report requested by the scheme manager under regulation 175 which shows that P no longer meets the incapacity condition or, if applicable, the total incapacity condition;

b

the date on which P re-enters eligible employment;

c

the date on which P engages in any work as a teacher which is not an eligible employment;

d

the date on which P engages in any other form of work unless—

i

P provides the scheme manager with a certificate from a registered medical practitioner stating that, in the opinion of the practitioner, P continues to meet the total incapacity condition despite engaging in such work, and

ii

the scheme manager is satisfied that P continues to meet that condition despite engaging in such work.