Regulation 7 Amendment of Principal Regulations

After regulation B6 there shall be inserted the following regulation–

“Further employment—election made on or after 1st April 2000

B7

(1)

A person who is entitled to be paid a teacher’s pension, including cases where the annual rate of pension has been reduced to zero in accordance with regulation E14 (abatement of retirement pension during further employment) and is in employment of a kind referred to in regulation B1(1), is in pensionable employment if subject to paragraphs (2) to (7) he has made an election under this regulation on or after 1st April 2000.

(2)

An election under this regulation–

(a)

may be made at any time by giving written notice to the Secretary of State,

(b)

may not be made without the consent of the employer in the case of employment in a capacity described in Part II of Schedule 2 other than employment described in paragraphs 16, 21, 22 or 24, and

(c)

has effect as from the first day of the month after that in which notice was given or, provided that the payment of contributions payable under regulations C3B and G8(9) are paid, such earlier date as the employer agrees.

(3)

The earlier date referred to in paragraph (2)(c) may not be a date before 1st April 2000 or the date on which the further employment commenced, if after 1st April 2000.

(4)

Subject to paragraph (5), a person who is entitled to payment of retirement benefits by virtue of regulation E4(3) or (4) otherwise than in respect of further employment which is pensionable by virtue of this regulation, who ceases to be incapacitated and who is in employment of a kind referred to in B1(1) shall be in pensionable employment without an election under this regulation, regulation B1 or regulation B6.

(5)

(a)

any previous election made by the person under regulations B1(2), B1(4), B5(1) or B6(1) in relation to employment of a kind mentioned in those regulations shall continue to have effect in relation to such further employment and any subsequent such further employment, but

(b)

if he has not previously made any such election, further employment of a kind mentioned in regulations B1(2), B1(4) or B6(1) shall not be pensionable unless he makes an election under the appropriate regulation.

(6)

Subject to paragraph (7) an election under this regulation has effect in relation to any subsequent employment.

(7)

When regulation E4(2), (3), (4), (5) or (5A)^f1 applies, an election under this regulation shall cease to have effect–

(a)

on the day after the end of the person’s employment where he is in pensionable or excluded employment at the time of the application for benefits under regulation E33, or

(b)

on the date of the application for benefits under regulation E33 where the person is not in employment at the time of the application,

and any subsequent period of further employment is not pensionable unless the person makes a fresh election under this regulation.”.