Legislation – The Teachers’ Pension Scheme (Remediable Service) Regulations 2023
PART 7Provision about special cases
CHAPTER 1Ill-health retirement
Interpretation of Chapter 161.
(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”—
(a)
in relation to the legacy scheme, has the meaning given in Schedule 1 to the 2010 Regulations;
(b)
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).