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Regulation 91 The new employment condition

England and Wales

(1)

A person (P) meets the new employment condition if—

(a)

P leaves all eligible employment;

(b)

within 6 months after leaving all eligible employment, P enters a new employment; and

(c)

on the day after the entitlement day referred to in regulation 92 the reduced annual rate of P's pensionable earnings in the new employment does not exceed 80% of the average annual rate of P's pensionable earnings for the last F112 months of the previous employment.

(2)

In this regulation—

  • “a new employment” means—

    1. (a)

      one or more new eligible employments;

    2. (b)

      one or more employments with an employer mentioned in any paragraph in Parts 2 to 4 of Schedule 1, each of which is not an eligible employment, where—

      1. (i)

        P's normal duties in the employment include providing education or services ancillary to education (other than administrative services); and

      2. (ii)

        if the employer is a function provider, P's duties relate to functions or services in respect of which the function provider is accepted under paragraph 3 of Schedule 1; or

    3. (c)

      one or more new eligible employments and one or more employments mentioned in paragraph (b); and

  • “previous employment” means one or more previous eligible employments.

Annotations

Textual amendments

F1

Words in reg. 91(1)(c) substituted (30.11.2017) by The Teachers Pensions Schemes (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1084), regs. 1, 12