The Teachers' Pension Scheme Regulations 2014 No. 512

SCHEDULE 3 E+W Transitional provisions

PART 7 E+W Payment of benefits to transition members

CHAPTER 2 E+W Application for payment of benefits

[F1 Transition member in receipt of an ill-health pension who has reached normal pension age under the existing scheme E+W

38B.— (1) This paragraph applies to a transition member (P) in receipt of a pension in accordance with paragraph 38A.

(2) When P reaches normal pension age under the existing scheme, any benefit which is payable under paragraph 38A in respect of P’s service in the existing scheme ceases to be payable under this scheme, and any age pension due to P under the existing scheme becomes payable in accordance with the existing scheme regulations.

(3) In calculating the annual rate of pension payable under the existing scheme for the purposes of sub-paragraph (2), the following are taken into account—

(a) any lump sums paid out, under the existing scheme or this scheme, including by an election under regulation 116 or by commutation under regulation 118 or regulation 119 of the existing scheme regulations;

(b) any transfer payment made to another scheme before P reached normal pension age under the existing scheme.

(4) Before the payments in sub-paragraph (3), if any, are taken into account, they must be increased by the amount by which the annual rate of a retirement pension of that amount would have been increased under PIA 1971 if—

(a) that pension was eligible to be so increased, and

(b) the entitlement day for that pension was the date P’s pension became payable under regulation 38A.]

Textual Amendments

F1 Sch. 3 paras. 38A, 38B inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 10