# The Teachers’ Pension Scheme (Scotland) ( No. 2) Regulations 2014, Regulation 107: Entitlement to ill-health pension

Extent: S

(1) A member (P) is entitled to payment of an ill-health pension from the entitlement day if—
(a) P is qualified or re-qualified for retirement benefits;
(b) P has not reached normal pension age;
(c) P has left all eligible employment;
(d) P has applied under regulation 159 for payment of an ill health pension;
(e) P has not applied under that regulation for payment of any other retirement pension; and
(f) the scheme manager is satisfied after consideration of a medical report that—
(i) if paragraph (2) applies, P meets the incapacity condition and the total incapacity condition; or
(ii) if paragraph (3) applies, P meets the incapacity condition.
(2) This paragraph applies if—
(a) P left all eligible employment for a reason other than because P was incapacitated; or
(b) P made the ill health application more than 2 years after the last day of pensionable service.
(3) This paragraph applies if—
(a) P left all eligible employment because P was incapacitated; and
(b) P made the ill-health application—
(i) before leaving all eligible employment; or
(ii) within 2 years after the last day of pensionable service.
(4) Except as provided in regulation 111, an ill-health pension is payable for life.

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Source: https://www.legislation.gov.uk/ssi/2014/292/regulation/107 (the official version)
Page: https://openlegislation.uk/teachers-pension-scheme-scotland-no-2-regulations-2014/regulation-107
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.