SCHEDULE 3

Transitional provisions
PART 7

Payment of benefits to transition members
CHAPTER 2

Application for payment of benefits

Transition member who has not reached normal pension age under the existing scheme
33A
1
This paragraph applies in relation to a transition member (P) who—
a
becomes entitled to an ill-health pension under this scheme; and
b
has not reached normal pension age under the existing scheme.
2
If this paragraph applies—
a
an ill-health pension is not payable to P under the existing scheme until P’s normal pension age in that scheme; and
b
an ill-health pension is payable to P under this scheme, determined in accordance with sub-paragraph (3).
3
If this paragraph applies, the following are payable to P—
a
an ill-health pension, the annual rate of which is the sum of—
i
P’s annual rate of ill-health pension calculated under regulation 113 (annual rate of ill-health pension) of these Regulations;
ii
the annual rate of retirement pension that would, if P was entitled to payment of an ill-health pension under the existing scheme, be payable to P under the existing scheme regulations, excluding any total incapacity pension payable under regulation E8A (total incapacity benefit where application received on or after 6 April 2007) of the existing scheme and adjusted following any election by P under regulation E6A of those regulations (lump sum in place of part of pension); and
iii
the annual rate of total incapacity pension, if any, payable under regulation 116 (entitlement to total incapacity pension) of these Regulations;
b
i
any lump sum payable to P under regulation 168 (commutation of part of pension) of these Regulations; and
ii
the amount of any lump sum that would have been payable to P had P been entitled to payment of an ill-health pension under the existing scheme, including any lump sum payable under regulation E6A (lump sum in place of part of pension) of the existing scheme regulations, if P makes such an election.
4
P’s entitlement to the pension payable under sub-paragraph (3)(a)(ii) is subject to the same conditions, and ceases to be payable in the same circumstances, as the pension which P would have received, had P been entitled to payment of an ill-health pension under the existing scheme in accordance with the existing scheme regulations.
5
If—
a
a transfer of benefits takes place from the existing scheme prior to the existing scheme normal pension age, P’s entitlement to the pension payable under sub-paragraph (3)(a)(ii) comes to an end;
b
a phased or an early retirement pension with actuarial adjustment is taken under Part E (benefits) to the existing scheme regulations, the pension payable under sub-paragraph (3)(a)(ii) is reduced by an amount equivalent to the value of—
i
any phased retirement benefits taken from the existing scheme, including any a lump sum;
ii
any early retirement pension with actuarial adjustment from the old scheme, including any lump sum.
6
If this paragraph applies, P may not apply under the existing scheme for retirement benefits under Case G as provided in regulation E4 (entitlement to payment of retirement benefits) of the existing scheme regulations.
Sch. 3 paras. 33A, 33B inserted (1.4.2015) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 22