{
  "url": "https://openlegislation.uk/teachers-pensions-miscellaneous-amendments-regulations-2008/regulation-18",
  "json_url": "https://openlegislation.uk/teachers-pensions-miscellaneous-amendments-regulations-2008/regulation-18.json",
  "legislation": "uksi/2008/541",
  "legislation_title": "The Teachers’ Pensions (Miscellaneous Amendments) Regulations 2008",
  "legislation_url": "https://openlegislation.uk/teachers-pensions-miscellaneous-amendments-regulations-2008",
  "path": "regulation/18",
  "kind": "regulation",
  "number": "18",
  "heading": "Election in respect of protected benefits",
  "text": "(1) This regulation applies to a person—\n(a) to whom a protected benefit is being paid or may become payable, and\n(b) who is placed in a worse position than the person would have been if a provision made by these Regulations had not applied in relation to the protected benefit.\n(2) A protected benefit is one which is being paid, or may become payable, under the 1997 Regulations to, or in respect of, a person who was employed in qualifying employment but ceased to be employed, or died, before 1st April 2008.\n(3) A person to whom this regulation applies may, by giving written notice to the Secretary of State before 1st July 2008, elect that the relevant provision shall not apply in relation to the protected benefit.\n(4) If the election under paragraph (3) is made in relation to the benefit of a person who is in pensionable employment or subsequently becomes re-employed in pensionable employment—\n(a) the election has effect in relation to the benefit only to the extent that it accrues or has accrued by virtue of—\n(i) periods of reckonable service before the cessation referred to in paragraph (2) (or, if there has been more than one cessation, the last of them before 1st April 2008), or\n(ii) contributions paid in respect of such periods, and\n(b) in determining entitlement to, or the amount of, the benefit to that extent the person is treated as having never re-entered pensionable employment again at any time after the cessation referred to in paragraph (2)) (but without prejudice to the application of this paragraph),\nand the 1997 Regulations apply accordingly.\n(5) In this regulation—\n(a) “qualifying employment” means pensionable employment or excluded employment within the meaning of the 1997 Regulations; and\n(b) “pensionable employment” and “reckonable service” have the meanings given to them by the 1997 Regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/541/regulation/18",
    "retrieved_at": "2026-10-29T03:35:31.719153+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}