Regulation 91 The new employment condition
England and Wales
A person (P) meets the new employment condition if—
P leaves all eligible employment;
within 6 months after leaving all eligible employment, P enters a new employment; and
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.
In this regulation—
“a new employment” means—
- (a)
one or more new eligible employments;
- (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—
- (i)
P's normal duties in the employment include providing education or services ancillary to education (other than administrative services); and
- (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
- (i)
- (c)
one or more new eligible employments and one or more employments mentioned in paragraph (b); and
- (a)
“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