Regulation 101 Entitlement to premature retirement pension

England and Wales

(1)

A person (P) is entitled to payment of a premature retirement pension from the entitlement day if—

(a)

P has reached normal minimum pension age but has not reached normal pension age;

(b)

P is qualified or re-qualified for retirement benefits;

(c)

P's pensionable service in relation to an employment is terminated by reason of P's redundancy or in the interests of the efficient discharge of the functions of P's employer;

(d)

P's employer gives written notice to the scheme manager stating that—

(i)

P's pensionable service was terminated by reason of P's redundancy or in the interests of the efficient discharge of the employer's functions; and

(ii)

the employer agrees that a premature retirement pension should become payable to P;

(e)

P receives no compensation under F1Part 3 of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 2015 as a result of P's pensionable service being terminated;

(f)

P has left all eligible employment;

(g)

P has applied under regulation 162 for payment of a premature retirement pension; and

(h)

P has not applied under that regulation for payment of any other retirement pension.

(2)

P is not entitled to payment of a premature retirement pension in respect of any pensionable service after P reaches normal pension age.

(3)

If the employer is not the local authority, the local authority must give the notice under sub-paragraph (1)(d) if—

(a)

P's pensionable service was in relation to an employment that falls within category A (as defined by F2regulation 34(1) of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 2015; and

(b)

the governing body of the school or institution mentioned in that provision asks the local authority to do so.

(4)

A premature retirement pension is payable for life.

Annotations

Textual amendments

F1: Words in reg. 101(1)(e) substituted (1.4.2015) by The Teachers (Compensation for Redundancy and Premature Retirement) Regulations 2015 (S.I. 2015/601), regs. 1, 43(a) (with reg. 44(2)(3))
F2: Words in reg. 101(3)(a) substituted (1.4.2015) by The Teachers (Compensation for Redundancy and Premature Retirement) Regulations 2015 (S.I. 2015/601), regs. 1, 43(b) (with reg. 44(2)(3))