# The Teachers' Pension Scheme Regulations 2014, Paragraph 38A: Transition member who has not reached normal pension age under the existing scheme


(1) This paragraph applies to a transition member (P) whilst P—
(a) is entitled to an ill-health pension under this scheme; and
(b) has not reached normal pension age under the existing scheme.
(2) Whilst this paragraph applies—
(a) no pension is payable to P under the existing scheme before P’s normal pension age in that scheme; and
(b) a pension is payable to P under this scheme, determined in accordance with sub-paragraph (3).
(3) Whilst this paragraph applies, the following are payable to P—
(a) a pension, the annual rate of which is the sum of—
(i) P’s annual rate of ill-health pension calculated under regulation 113 of these Regulations,
(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
(iii) the annual rate of total incapacity pension, if any, payable under regulation 116 of these Regulations;
(b) (i) any lump sum payable to P under regulation 168 of these Regulations, and
(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.
(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.
(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.
(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.

---
Source: https://www.legislation.gov.uk/uksi/2014/512/schedule/3/paragraph/38A (the official version)
Page: https://openlegislation.uk/teachers-pension-scheme-regulations-2014/schedule-3/paragraph-38A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.