Paragraph 33A Transition member who has not reached normal pension age under the existing schemeF1

(1)

This paragraph applies in relation to a transition member (P) who—

(a)

becomes entitled to an ill-health pension under this scheme; and

(b)

has not reached normal pension age under the existing scheme.

(2)

If this paragraph applies—

(a)

an ill-health pension is not payable to P under the existing scheme until P’s normal pension age in that scheme; and

(b)

an ill-health pension is payable to P under this scheme, determined in accordance with sub-paragraph (3).

(3)

If this paragraph applies, the following are payable to P—

(a)

an ill-health pension, the annual rate of which is the sum of—

(i)

P’s annual rate of ill-health pension calculated under regulation 113 (annual rate of ill-health pension) 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 E8A (total incapacity benefit where application received on or after 6 April 2007) of the existing scheme and adjusted following any election by P under regulation E6A of those regulations (lump sum in place of part of pension); and

(iii)

the annual rate of total incapacity pension, if any, payable under regulation 116 (entitlement to total incapacity pension) of these Regulations;

(b)

(i)

any lump sum payable to P under regulation 168 (commutation of part of pension) 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 E6A (lump sum in place of part of pension) 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)

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;

(b)

a phased or an early retirement pension with actuarial adjustment is taken under Part E (benefits) to the existing scheme regulations, the pension payable under sub-paragraph (3)(a)(ii) is reduced by an amount equivalent to the value of—

(i)

any phased retirement benefits taken from the existing scheme, including any a lump sum;

(ii)

any early retirement pension with actuarial adjustment from the old scheme, including any lump sum.

(6)

If this paragraph applies, P may not apply under the existing scheme for retirement benefits under Case G as provided in regulation E4 (entitlement to payment of retirement benefits) of the existing scheme regulations.

Annotations

Textual amendments

F1: Sch. 3 paras. 33A, 33B inserted (1.4.2015) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 22