Regulation E15 Retirement benefits on cessation of further employment
This regulation applies to a person who—
became entitled to payment of a teacher’s pension (“the first pension”),
was subsequently in pensionable employment (“the further employment”), and
has ceased to be in the further employment.
Subject to paragraph (3), if the first pension was not enhanced under regulation E8 (enhancement of retirement benefits in case of incapacity), the person—
ceases to be entitled to payment of the first pension, and
becomes entitled to payment of retirement benefits (“combined benefits”) calculated, subject to paragraph (8), by reference to the total of his reckonable service in the further employment and the reckonable service taken into account in calculating the first pension.
If the average salary by reference to which combined benefits would fall to be calculated is less than that by reference to which the first pension was calculated, the person—
remains entitled to the first pension, and
subject to paragraph (7), becomes entitled to payment of retirement benefits calculated by reference to his reckonable service in the further employment.
Subject to paragraph (7), if the first pension was enhanced under regulation E8 he becomes entitled to payment of the first pension and of additional retirement benefits in respect of the further employment.
The additional retirement benefits are to be calculated—
in respect of pensionable employment before attaining the age of 60, as if regulation E8 had applied and the further employment had begun when he became entitled to payment of the first pension, and
in respect of other pensionable employment, in accordance with regulations E5 and E6,
but the additional retirement lump sum is subject to reduction under paragraph (8).
If in the application of regulation E8 to the calculation of the first pension the appropriate period was Period B, paragraph (5)(a) applies with the substitution for “60” of “65”.
If the person ceased to be in the further employment before attaining the age of 60 and neither regulation E4(4) (incapacity) nor regulation E4(5) (redundancy, etc.) applied, he does not become entitled to payment of retirement benefits under paragraph (3)(b) or (4) until he attains that age.
A retirement lump sum payable under paragraph (2)(b), and an additional retirement lump sum payable under paragraph (4), is reduced by the amount of the retirement lump sum to which the person became entitled when he became entitled to payment of the first pension, of any lump sum to which he had previously become entitled under this regulation, and of any short-service incapacity grant paid to him under regulation E17.
Where a person ceases to be in further employment on or after 1st September 1997 and becomes entitled to retirement benefits by virtue of regulation E4(5)—
regulation E5(3) shall apply to that person’s retirement pension under paragraph (2)(b) or (3)(b) or to his additional retirement pension under paragraph (4); and
regulation E6(3) shall also apply to that person’s retirement lump sum under paragraph (2)(b) or (3)(b) or to his additional retirement lump sum under paragraph (4).