Regulation 61 Interpretation of Chapter 1I1
Scotland
In this Chapter—
“alternative scheme”, in relation to a remedy member means, where the member’s eligibility for ill-health retirement benefits was assessed under—
- (a)
the member’s legacy scheme, the reformed scheme,
- (b)
the reformed scheme, the member’s legacy scheme,
- (a)
“ill-health retirement benefits”—
- (c)
in relation to the legacy scheme, means benefits payable in accordance with regulation E6(5) of the 2005 Regulations,
- (d)
in relation to the reformed scheme, has the meaning given in regulation 3 of the 2014 Regulations,
- (c)
“ill-health retirement criteria” means the criteria contained in a teacher pension scheme by which it is determined whether a person is eligible for ill-health retirement benefits under that scheme,
For the purposes of this Chapter, an application for ill-health retirement benefits is “finally determined” in relation to a teacher pension scheme when—
it has been determined that the member in respect of whom the application is made meets the ill-health retirement criteria of that scheme, or
it has been determined that the member does not meet the ill-health retirement criteria of that scheme, and any route for disputing that determination has been exhausted (including where any deadline for initiating a dispute has passed and no dispute has been initiated).