Regulation 3 Relevant employment

(1)

Where the material date is a date earlier than 6th April 1988, relevant employment is employment that fell within regulation 4(2) of the 1985 Regulations.

(2)

Where the material date is a date later than 5th April 1988 but earlier than 1st November 1988, relevant employment is employment that fell within regulation 4(2) of the 1985 Regulations or would have done so but for an election under regulation 10 (voluntary membership) of the Teachers’ Superannuation (Miscellaneous Provisions) (No. 2) Regulations 1988^f1.

(3)

In any other case, subject to paragraphs (4) to (6), relevant employment is employment falling within paragraph 1, 3, 3A, 5, 5A or 25 of Schedule 2 to the Superannuation Regulations^f2.

(4)

An employment falling within paragraph 3 of that Schedule is relevant employment only if it is at a grant-maintained school.

(5)

An employment falling within paragraph 5 or 5A of that Schedule is relevant employment only if it is at an institution which is—

(a)

maintained by a local education authority;

(b)

within the further education sector as defined in section 91(3) of the Further and Higher Education Act 1992^f3;

(c)

a higher education corporation established under section 121 or 122 of the 1988 Act or in respect of which an order has been made under section 122A^f4 of that Act; or

(d)

designated under section 129 of the 1988 Act.

(6)

An employment falling within paragraph 25 of that Schedule is relevant employment only if it has at some time been pensionable employment.

(7)

For the purposes of these Regulations—

(a)

category A comprises relevant employment at a single school or institution maintained by a local education authority which for the time being had a delegated budget as defined in section 139(5)(b) of the 1988 Act (institutions of further and higher education) or section 115(b) of the 1996 Act (schools),

(b)

category B comprises relevant employment at a school or institution maintained by a local education authority which did not have a delegated budget, relevant employment by a local education authority otherwise than at a school or institution, and relevant employment at a maintained school or institution with a delegated budget which was concurrent with employment of either of those kinds or with relevant employment at another such school or institution,

(c)

category C comprises relevant employment at a grant-maintained school or grant-maintained special school,

(d)

category D comprises relevant employment at an institution within the higher education sector, as defined in section 91(5) of the Further and Higher Education Act 1992, in receipt of financial support under section 65 of that Act, and

(e)

category E comprises relevant employment at an institution within the further education sector as defined in section 91(3) of the Further and Higher Education Act 1992.

Annotations

Footnotes

f1: S.I. 1988/816.
f2: Paragraphs 3A and 5A were inserted in the Superannuation Regulations by S.I. 1994/1058 and 1993/114 respectively.
f3: 1992 c. 13.
f4: Inserted by the Further and Higher Education Act 1992 c. 13, section 74(1).