The Teachers’ Pensions (Remediable Service) (Scotland) Regulations 2023

Interpretation of Chapter 1

61.—(1) In this Chapter—

“alternative scheme”, in relation to a remedy member means, where the member’s eligibility for ill-health retirement benefits was assessed under—

(a)

the member’s legacy scheme, the reformed scheme,

(b)

the reformed scheme, the member’s legacy scheme,

“ill-health retirement benefits”—

(c)

in relation to the legacy scheme, means benefits payable in accordance with regulation E6(5) of the 2005 Regulations,

(d)

in relation to the reformed scheme, has the meaning given in regulation 3 of the 2014 Regulations,

“ill-health retirement criteria” means the criteria contained in a teacher pension scheme by which it is determined whether a person is eligible for ill-health retirement benefits under that scheme,

(2) For the purposes of this Chapter, an application for ill-health retirement benefits is “finally determined” in relation to a teacher pension scheme when—

(a) it has been determined that the member in respect of whom the application is made meets the ill-health retirement criteria of that scheme, or

(b) it has been determined that the member does not meet the ill-health retirement criteria of that scheme, and any route for disputing that determination has been exhausted (including where any deadline for initiating a dispute has passed and no dispute has been initiated).