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The Teachers’ Pension Scheme (Scotland) (No. 2) Regulations 2014

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Cessation of total incapacity pension
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115.—(1) A total incapacity pension ceases to be payable to a person (P) on the date on which P’s ability to carry out any work ceases to be impaired by more than 90%.

(2) For the purpose of paragraph (1), P’s ability to carry out any work ceases to be impaired by more than 90% on the earliest of the following dates—

(a)the date on which P re-enters eligible employment;

(b)the date on which P engages in any work as a teacher which is not an eligible employment;

(c)the date on which P engages in any other form of work unless—

(i)P provides the scheme manager with a certificate from a registered medical practitioner stating that, in the opinion of the practitioner, P continues to meet the total incapacity condition despite engaging in such work; and

(ii)the scheme manager is satisfied that P continues to meet that condition despite engaging in such work.

(3) A total incapacity pension does not cease to be payable on that date if P has reached normal pension age.

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