PART 5Retirement benefits for teachers
CHAPTER 6Ill health retirement
SECTION 1General
Interpretation103
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;
- a
“medical report” means a medical report accompanying an ill-health application.
Incapacity definitions104
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.
Ill-health applications105
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.