The Teachers’ Pension Scheme (Scotland) (No. 2) Regulations 2014

CHAPTER 7 Short-service serious ill health grant

Application for payment of grant

116.—(1) An application made by a person (P) under regulation 159 for payment of a short-service serious ill-health grant—

(a) must be accompanied by all the medical evidence necessary for the scheme manager to determine that P is entitled to the payment; and

(b) must be signed by P’s employer.

(2) The medical evidence must include a medical report containing evidence that P—

(a) meets the incapacity condition; and

(b) has a life expectancy of less than a year.

(3) An application is not to be granted unless it is made—

(a) before P leaves all eligible employment; or

(b) within 6 months after the last day of pensionable service.

Meaning of “entitlement day” (short-service serious ill-health grant)

117.  The entitlement day for a short-service serious ill-health grant is the day after a person (P) leaves all eligible employment because P is incapacitated.

Entitlement to short-service serious ill-health grant

118.—(1) A person (P) is entitled to payment of a short-service serious ill-health grant on the entitlement day if—

(a) P was in pensionable service (other than post-benefit service) for at least 12 months;

(b) P leaves all eligible employment because P is incapacitated;

(c) P is not qualified for retirement benefits;

(d) P has not reached 75;

(e) P has applied under regulation 159 for payment of the grant; and

(f) the scheme manager is satisfied after consideration of the medical report that—

(i) P meets the incapacity condition; and

(ii) P has a life expectancy of less than a year.

(2) This regulation does not apply if P is in a period of post-benefit service immediately before the entitlement day.

Amount of grant

119.—(1) The amount of a short-service serious ill-health grant is the greater of—

(a) 1/6th of the member’s annual rate of pensionable earnings as at the last day of pensionable service; and

(b) the total of the amounts specified in paragraph (2).

(2) The amounts are—

(a) all members’ contributions, additional pension contributions, buy-out contributions and faster accrual contributions paid up to the date of receipt of the application under regulation 159, except any paid in respect of a period of pensionable service for which a short-service serious ill-health grant has been paid; and

(b) interest on those contributions from the first day of the financial year following that in which they were paid to the date of payment at 3% per year, compounded with yearly rests.