# The Teachers' Pensions Regulations 1997, Regulation B1: Employment—general


(1) Subject to paragraphs (2) to (5), regulation B3 (where applicable) and regulations B4 to B6 a person is in pensionable employment while he is in employment—
(a) in a capacity described in Schedule 2 and satisfies every condition and is not within any exception specified in that Schedule in relation to employment in that capacity, or
(b) as a teacher in an accepted school.
(2) Employment in a capacity described in Part II of Schedule 2 is not pensionable unless the person has elected that it is to be so.
(3) Except in the case of employment in a capacity described in paragraph 16, 21, 22 or 24 of Schedule 2, an election for the purposes of paragraph (2) may not be made without the consent of the employer.
(4) A person who is in part-time employment is not in pensionable employment unless he has at some time made an election for the purposes of this paragraph.
(5) A person who is in part-time employment is not in pensionable employment while he is a member of the occupational pension scheme constituted by the Local Government Pension Scheme Regulations 1995 (“the 1995 Regulations”) or, when they are in force, the Local Government Pension Scheme Regulations 1997, the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 and the 1995 Regulations (so far as they continue to operate).
(6) An election for the purposes of this regulation—
(a) may be made at any time by giving written notice to the Secretary of State, and
(b) has effect from the first day of the month after that in which the notice was given, unless the Secretary of State specifies that it should have effect from an earlier date.

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Source: https://www.legislation.gov.uk/uksi/1997/3001/regulation/B1 (the official version)
Page: https://openlegislation.uk/teachers-pensions-regulations-1997/regulation-B1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.