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Regulation 34 Amendment of Principal Regulations

Original text. Later amendments are not shown.

In Schedule 1–

(a)

for the definition of “Entitled” there shall be substituted the following definition–

  • ““Entitled” Save where expressly provided otherwise in these Regulations any reference to a person entitled to payment of retirement benefits shall be construed:

    1. (a)

      as a reference to a person who has made an application for payment of those benefits under regulation E33 where the person–

      1. (i)

        has not yet attained the age of 60, or

      2. (ii)

        regardless of his age has ceased to be in further employment which is pensionable by virtue of an election under regulation B7, and

    2. (b)

      in all other cases, as including a reference to a person who has not applied for payment of such benefits.”;

(b)

for the definition of “Full-time” there shall be substituted the following definition–

  • ““Full-time” Employment is “full-time” if the contract so describes it (whether expressly or otherwise) and requires the employee to work for the whole of the working week.”;

(c)

the following definitions shall be added at the appropriate places in alphabetical order–

(i)

“the 1985 Act” The Companies Act 1985f1.

(ii)

“the 1986 Act” The Insolvency Act 1986f2.

(iii)

  • ““Function provider” A body corporate (other than another local education authority) performing functions on behalf of a local education authority.”,

(iv)

  • ““Maternity leave” Leave within the meaning of Part II of the Maternity and Parental Leave etc. Regulations 1999f3”,

(v)

  • ““Parental leave” Leave within the meaning of Part III of the Maternity and Parental Leave etc. Regulations 1999.”,

(vi)

  • ““Section 9(2B) rights” Rights (other than rights attributable to voluntary contributions within the meaning of section 111 of the 1993 Act) which are attributable to an earner’s service (within the meaning of sections 3, 4 and 112 of the Social Security Contributions and Benefits Act 1992f4) on or after 6th April 1997 in employment which is contracted-out in accordance with section 9(2B) of the 1993 Actf5.”,

(vii)

  • ““Transfer of undertakings” The meaning given by the Transfer of Undertakings (Protection of Employment) Regulations 1981f6.”

Annotations

Footnotes

f1

1985 c. 6.

f2

1986 c. 45.

f3

S.I. 1999/3312.

f4

1992 c. 4. Section 3 is amended by the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c. 2) (“the 1999 Act”), section 2, Schedule 3, paragraph 3 and the Social Security Act 1998 (c. 14) (“the 1998 Act”), sections 48 and 49. Section 4 is amended by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 11, Schedule 1, paragraph 1, Schedule 2, the 1998 Act, section 50, and the 1999 Act, section 2, Schedule 3, paragraph 4. Section 112 is amended by the 1999 Act, section 2, Schedule 3, paragraph 21, and the Employment Rights Act 1996 (c. 18), section 240.

f5

Section 9(2B) was inserted by section 136(3) of the Pensions Act 1995 (c. 26).

f6

S.I. 1981/1794, as amended.