The Teachers’ Pensions Regulations 2010

Annual rate of total incapacity pension and amount of total incapacity lump sum

66.—(1) The annual rate of the total incapacity pension of a person (P) is the sum of—

(a) the appropriate fraction x P’s average salary x P’s added service (in years and fractions of a year),

(b) where the amount of a lump sum paid (“the actual lump sum”) is less than the amount which would, apart from paragraph (3), be payable (“the notional lump sum”), such amount representing the value of the difference between the notional lump sum and the actual lump sum as the Secretary of State determines after taking advice from the scheme actuary.

(2) The total incapacity lump sum of a person (P) is 3/80 x P’s average salary x P’s added service (in years) less any amount referred to in paragraph (4).

(3) But no lump sum may exceed P’s permitted maximum.

(4) Where the total of any benefits referred to in regulation 62(5) which fall to be deducted under regulation 62(2) from any lump sum exceeds the total of—

(a) any ill health lump sums, previously paid or payable at the same time as the total incapacity lump sum, and

(b) any total incapacity lump sum previously paid

the balance is to be deducted from the total incapacity lump sum.

(5) The appropriate fraction is—

(a) where P is a pre-2007 entrant, 1/80, and

(b) where P is a person with mixed service or a 2007 or later entrant, 1/60.

(6) P’s added service is one half of the period beginning on the entitlement day and ending on the date on which P reaches—

(a) where P is a pre-2007 entrant, the age of 60, or

(b) where P is a person with mixed service or a 2007 or later entrant, the age of 65.

(7) The entitlement day has the same meaning as in regulation 65 (total incapacity benefits).