Paragraph 38 Application for payment of ill-health pension

England and Wales

(1)

A transition member (P) will receive any benefits payable under this scheme as part of P's ill-health pension payable under the existing scheme if—

(a)

P applies before P's transition date for payment of an ill-health pension, and

(b)

P's application is successfully determined F1....

F2(2)

If P makes a successful application for payment of an ill-health pension on or after P’s transition date—

(a)

before P’s normal pension age in the existing scheme, P will receive under this scheme an amount equivalent to any benefits due to P in respect of P’s pensionable service in this scheme and in the existing scheme, in accordance with paragraph 38A;

(b)

from P’s normal pension age in the existing scheme, P will receive, in accordance with paragraph 38B—

(i)

under the existing scheme, any benefits due to P in respect of P’s pensionable service in the existing scheme, and

(ii)

under this scheme, any benefits due to P in respect of P’s pensionable service in this scheme.

F3(3)

If P has more than one normal pension age in the existing scheme under regulation 48 of the existing scheme regulations, sub-paragraph (2) and regulations 38A and 38B apply to each normal pension age in relation to the pensionable service to which it applies.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 38(1)(b) omitted (1.4.2015) by virtue of The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 9(a)
F2: Sch. 3 para. 38(2) substituted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 9(b)
F3: Sch. 3 para. 38(3) inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 9(c)