Article 5 Excepted Cases

This Part shall not apply to a person who—

(a)

has received payment of any pension (other than repayment of contributions) under the Teachers Schemes, the Teachers Regulations of 1957 or the Teachers Regulations of 1969;

(b)

is a person in respect of whom a transfer value has been paid otherwise than under these rules by the Secretary of State since he last ceased to be employed in teaching service;

(c)

last ceased to be employed in teaching service before 4th February 1948; or

(d)

last ceased to be employed in teaching service on or after 4th February 1948 but before the operative date, unless—

(i)

he has been employed in local government employment without a break of twelve months or more at any one time from the date when he ceased to be employed in teaching service until the operative date or, if he ceased to be employed in local government employment before the operative date, until the date when he so ceased; and

(ii)

if he ceased to be employed in local government employment before the operative date, the Secretary of State and the local authority maintaining the fund to which he was last a contributor agree that this Part shall apply to him.