PART 5

Retirement Benefits for Teachers
CHAPTER 6

Ill-health retirement
SECTION 3

Total incapacity pension

Entitlement to total incapacity pension
116
1
A total incapacity pension is payable to a person (P) from the entitlement day if—
a
P is entitled to an ill-health pension because the Department is satisfied that P meets the incapacity condition;
b
P has applied under regulation 162 for payment of an ill-health pension and a total incapacity pension; and
c
the Department is satisfied after consideration of a medical report that P meets the total incapacity condition.
2
For a person in stepped down employment, the Department must be satisfied that P’s total incapacity is wholly or partly related to the ill-health which led to the change in the terms of employment.
3
A total incapacity pension is not payable to P if—
a
P left an eligible employment for a reason other than because P was incapacitated; or
b
P made the ill-health application—
i
after leaving all eligible employment; and
ii
more than 2 years after the last day of pensionable service.
4
Except as provided in regulation 118, the total incapacity pension is payable for life.