# The Teachers' Pension Scheme Regulations (Northern Ireland) 2014, Paragraph 33A: Transition member who has not reached normal pension age under the existing scheme


(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.

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Source: https://www.legislation.gov.uk/nisr/2014/310/schedule/3/paragraph/33A (the official version)
Page: https://openlegislation.uk/teachers-pension-scheme-regulations-northern-ireland-2014/schedule-3/paragraph-33A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.