Regulation 38 Amendment of the Teachers' Superannuation (Scotland) Regulations 2005

After regulation E17 insert–

“Withdrawal of incapacity pension where application for payment was received on or after 1st April 2007

E17A

(1)

This regulation applies where a teacher is entitled to a payment of a retirement pension by virtue of regulation E6(5) and the teacher’s application for payment was received by the Scottish Ministers on or after 1st April 2007.

(2)

Paragraph (4) has effect where the teacher was entitled to a total incapacity pension under regulation E10A but the teacher subsequently ceases to satisfy the condition contained in regulation E10A(2)(a).

(3)

For the purposes of paragraph (2) a teacher is treated as having ceased to satisfy the condition in regulation E10A(2)(a) if he or she takes up any employment unless–

(a)

he or she takes up any employment other than employment in a capacity described in Schedule 2;

(b)

he or she provides the Scottish Ministers with a certificate from a registered medical practitioner that in the opinion of the medical practitioner he or she still meets the condition; and

(c)

the Scottish Ministers determine that he or she still meets the condition.

(4)

Subject to paragraph (5), on the date on which the teacher ceases to satisfy the condition contained in regulation E10A(2)(a) the total incapacity pension referred to in regulation E10A ceases to be payable.

(5)

Where however the teacher satisfies the requirements of subparagraphs (a), (b) and (c) of paragraph (3) and satisfies the requirements of subparagraphs (b) and (c) of that paragraph after he or she has taken up the employment the total incapacity pension is payable again as from the date on which the teacher took up the employment.

(6)

Paragraph (8) has effect where the teacher subsequently ceases to be incapacitated.

(7)

For the purposes of paragraph (6) a teacher is treated as having ceased to be incapacitated if he or she takes up employment in a capacity described in Schedule 2.

(8)

On the date on which the teacher ceases to be incapacitated the teacher’s retirement pension ceases to be payable, but any equivalent pension benefits continue to the payable.

(9)

Where paragraph (8) had effect the retirement pension becomes payable again (subject to paragraph (10) and to regulation E36(1A))–

(a)

from the date on which the teacher attains his or her normal pension age; or

(b)

if earlier, from the start of any renewed incapacity.

(10)

Paragraph (9) does not apply if the teacher has been in pensionable employment at any time after he or she first became entitled to payment of the retirement pension.

(11)

If the pension becomes payable again under paragraph (9)(a) it is to be treated for purposes of regulation E18 as a pension to which the person has become entitled by virtue of regulation E6(2).”.