Regulation 40 Insertion of new paragraphs 39A and 39B of Schedule 3

After paragraph 39, insert—

“Calculation of retirement benefits after ill-health pension ceases to be payable: modification

39A.

(1)

This paragraph applies to a transition member (P), if—

(a)

P is entitled to receive benefits payable under this scheme; and

(b)

P was in receipt of a previous ill-health pension following an application which was received by the Secretary of State before 6th January 2007.

(2)

Regulation 71 of the existing scheme regulations applies with the modification in regulation 71(2)(a)(i) of those regulations that after “pensionable employment of a person (P)” is inserted “including pensionable service under the Teachers’ Pension Scheme Regulations 2014”.

Reduction of ill-health pension and total incapacity pension

39B.

(1)

This paragraph applies to a transition member (P), if—

(a)

P is entitled to receive benefits payable under this scheme, including total incapacity pension; and

(b)

P was in receipt of a previous ill-health pension following an application which was received by the Secretary of State before 6th January 2007.

(2)

The scheme manager may determine, after taking advice from the scheme actuary, that either or both of the following benefits are reduced—

(a)

P’s total incapacity benefits in this scheme;

(b)

part of P’s ill health benefits under regulation 71 of the existing scheme regulations (including by reference to paragraph 39A).”.