The Teachers’ Pensions Regulations 2010

Reduction of ill health pension and total incapacity pension

72.—(1) This regulation applies where—

(a) total incapacity benefits are payable to a person (P), and

(b) the ill health retirement benefits which are payable to P at the same time are increased pursuant to regulation 71.

(2) If it appears to the Secretary of State that the total of P’s added service referred to in regulation 66 and any increased reckonable service referred to in regulation 71 is excessive in the light of the length of the period between the date on which the total incapacity benefits became payable to P and the date on which Case A would have applied to any of P’s reckonable service (if regulation 65 had not applied), the Secretary of State may determine that—

(a) P’s total incapacity benefits, or

(b) that part of P’s ill health retirement benefits which arise from the application of regulation 71, or

(c) both P’s total incapacity benefits and the part of P’s ill health retirement benefits referred to in sub-paragraph (b)

are to be reduced to such amount as the Secretary of State considers appropriate.

(3) The Secretary of State may not make a determination under paragraph (2) which would have the effect that the aggregate of the values of P’s total incapacity benefits and P’s ill health retirement benefits would be less than the aggregate of the values of—

(a) P’s incapacity benefits if they had not been reduced under this regulation, and

(b) P’s ill health retirement benefits if they had been calculated without any increase under regulation 71.

(4) The Secretary of State must take advice from the scheme actuary before making any determination under this regulation.