PART 5 N.I. Retirement Benefits for Teachers

CHAPTER 6 N.I. Ill-health retirement

SECTION 2 N.I. Ill-health pension

Entitlement to ill-health pension N.I.

110.—(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 162 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 Department is satisfied after consideration of a medical report—

(i) if paragraph (2) applies, that P meets the incapacity condition and the total incapacity condition; or

(ii) if paragraph (3) applies, that 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 114, an ill-health pension is payable for life.