The Teachers' Superannuation (Scotland) Regulations 2005

Suspension and resumption of incapacity pensions

E16.—(1) This regulation applies where a teacher who became entitled to payment of a pension on or before 31st March 1997 by virtue of regulation E5(1)(e) of the 1992 Regulations(1) ceases to be incapacitated.

(2) On the teacher ceasing to be incapacitated the pension may be suspended from such date as the Scottish Ministers think appropriate, but any equivalent pension benefits continue to be payable.

(3) Subject to paragraphs (4) to (6), payment of the pension shall be resumed–

(a) from the date the teacher attains age 60; or

(b) if earlier, and the Scottish Ministers are satisfied that he or she has again become incapacitated, from the date on which application for resumption of payment is received.

(4) A pension shall not be resumed under paragraph (3)(b) if the teacher has been in pensionable employment at any time after he or she first became entitled to payment of the pension, unless he or she became so employed in the period of 12 months immediately preceding the date of application for resumption of payment.

(5) If a pension becomes payable again under paragraph (3)(b) and the Scottish Ministers are satisfied that the teacher was incapacitated during any part of the period which the payment of the pension was suspended, the pension appropriate to that period shall be paid to the teacher.

(6) If a pension becomes payable again under paragraph (3)(a), it shall be treated for the purposes of regulation E18 as one to the payment of which he or she has become entitled by virtue of regulation E6(1)(a).

(1)

S.I. 1992/280 (“the 1992 Regulations”). Regulation E5(1)(e) was amended by S.I. 1993/2513 and 1997/676. The 1992 Regulations are revoked in their entirety by these Regulations (see Schedule 1 to these Regulations).