PART 5 Retirement benefits for teachers

CHAPTER 6 Ill health retirement

SECTION 1 General

103 Interpretation
In this Chapter—
“ill-health application” means an application under regulation 159 for payment of—
(a) an ill-health pension; and
(b) if applicable, a total incapacity pension;
“medical report” means a medical report accompanying an ill-health application.

104 Incapacity definitions
In this Chapter, a person (P)—
(a) is incapacitated if, as a result of illness or injury, P is unfit to be in eligible employment despite appropriate medical treatment;
(b) meets the incapacity condition if—
(i) P is incapacitated; and
(ii) P is likely to be incapacitated permanently; and
(c) meets the total incapacity condition if—
(i) P is incapacitated; and
(ii) P’s ability to carry out any work is impaired by more than 90% and is likely to be impaired by more than 90% permanently.

105 Ill-health applications
1 An ill-health application made by a person (P)—
(a) must be accompanied by all the medical evidence necessary for the scheme manager to determine that P is entitled to the payment of an ill-health pension or a total incapacity pension; and
(b) must be signed by P’s employer unless—
(i) P left all eligible employment for a reason other than because P was incapacitated; or
(ii) P made the ill-health application more than 2 years after the last day of pensionable service.
2 The medical evidence must include a medical report containing evidence that P meets—
(a) the incapacity condition; and
(b) if applicable, the total incapacity condition.
3 An application for a total incapacity pension will not be granted unless it is made—
(a) before P leaves all eligible employment; or
(b) within 2 years after the last day of pensionable service.