{
  "url": "https://openlegislation.uk/teachers-pension-scheme-regulations-2014/schedule-3/paragraph-38A",
  "json_url": "https://openlegislation.uk/teachers-pension-scheme-regulations-2014/schedule-3/paragraph-38A.json",
  "legislation": "uksi/2014/512",
  "legislation_title": "The Teachers' Pension Scheme Regulations 2014",
  "legislation_url": "https://openlegislation.uk/teachers-pension-scheme-regulations-2014",
  "path": "schedule/3/paragraph/38A",
  "kind": "paragraph",
  "number": "38A",
  "heading": "Transition member who has not reached normal pension age under the existing scheme",
  "text": "(1) This paragraph applies to a transition member (P) whilst P—\n(a) is entitled to an ill-health pension under this scheme; and\n(b) has not reached normal pension age under the existing scheme.\n(2) Whilst this paragraph applies—\n(a) no pension is payable to P under the existing scheme before P’s normal pension age in that scheme; and\n(b) a pension is payable to P under this scheme, determined in accordance with sub-paragraph (3).\n(3) Whilst this paragraph applies, the following are payable to P—\n(a) a pension, the annual rate of which is the sum of—\n(i) P’s annual rate of ill-health pension calculated under regulation 113 of these Regulations,\n(ii) the annual rate of retirement pension that would, if P was entitled to payment of an ill-health pension under the existing scheme, be payable to P under the existing scheme regulations, excluding any total incapacity pension payable under regulation 65 of the existing scheme regulations, and adjusted following any election by P under regulation 116 of those Regulations, and\n(iii) the annual rate of total incapacity pension, if any, payable under regulation 116 of these Regulations;\n(b) (i) any lump sum payable to P under regulation 168 of these Regulations, and\n(ii) the amount of any lump sum that would have been payable to P had P been entitled to payment of an ill-health pension under the existing scheme, including any lump sum payable under regulation 116 of the existing scheme regulations, if P makes such an election.\n(4) P’s entitlement to the pension payable under sub-paragraph (3)(a)(ii) is subject to the same conditions, and ceases to be payable in the same circumstances, as the pension which P would have received had P been entitled to payment of an ill-health pension under the existing scheme, in accordance with the existing scheme regulations.\n(5) If a transfer of benefits takes place from the existing scheme prior to the existing scheme normal pension age, P’s entitlement to the pension payable under sub-paragraph (3)(a)(ii) comes to an end.\n(6) If this paragraph applies, P may not apply under the existing scheme for retirement benefits under Case E as provided in Schedule 7 of the existing scheme regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 3 paras. 38A, 38B inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 10"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/512/schedule/3/paragraph/38A",
    "retrieved_at": "2026-10-29T00:24:37.807691+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}