Regulation E4 Entitlement to payment of retirement benefits

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg E4 am by Teachers’ Pensions 2008 regs 7, 10
reg E4 am by Teachers’ Pensions 2006 reg 6
reg .B7 added by Teachers' Pensions 2000 reg.7
reg.E4 amended by Teachers' Pensions 2000 reg.17
reg E4 mod by Teachers’ Pensions 2010 reg 93
reg.E4 amended by Teachers' Pensions 2000 regs.5,6
reg. E4 modified (temp.) by Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) 2009 art. 16
reg E4 am by Teachers' Pensions 2006 reg 16
regs E3, E4 am (with transtl provns) (1.1.2007) by Teachers’ Pensions etc. (Reform Amendments) 2006 reg 2, sch 3

(1)

Subject to regulation E33(2) (application for payment), a person qualified for retirement benefits becomes entitled to payment of them in any of the Cases described in this regulation.

(2)

In Case A the person—

(a)

has attained the age of 60,

(b)

has ceased to be in pensionable employment, and

(c)

is not within Case B or D.

(3)

In Case B the person—

(a)

has attained the age of 60,

(b)

has ceased after 31st March 1972 and after attaining that age to be in pensionable employment, but would have ceased to be in such employment before attaining that age had not the employment continued beyond the attainment of that age due to a period of paid sick leave, and

(c)

has become incapacitated before attaining that age.

(4)

In Case C the person—

(a)

has not attained the age of 60,

(b)

has ceased after 31st March 1972 and before attaining the age of 60 to be in pensionable employment,

(c)

is incapacitated and became so before attaining the age of 60, and

(d)

is not within Case D,

and, in cases where the pensionable employment ceased on or after 1st April 1997 the Secretary of State has notified the person in writing that he has not exercised, or is not considering the exercise of, his powers under regulation 10(2) or (10) of the Education (Teachers) Regulations 1993^f1 to direct on grounds of that person’s misconduct that he be not appointed to or employed in relevant employment as defined in regulation 7 of those Regulations.

(5)

In Case D the person—

(a)

has attained the age of 50,

(b)

has ceased after attaining that age but before attaining the age of 60 to be in pensionable employment or excluded employment,

(c)

is not within Case C, and

(d)

has not received and is not to receive compensation under Part III of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997^f2 (discretionary compensation for termination), and his employer has notified the Secretary of State in writing—

(i)

that his employment was terminated by reason of his redundancy or in the interests of the efficient discharge of the employer’s functions, and

(ii)

that the employer has agreed that he should become entitled to retirement benefits under this Case.

(6)

If regulation 4(8) of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 (employer to notify for purposes of those Regulations if requested by governing body) applies, the employer must notify the Secretary of State as mentioned in paragraph (5) above.

(7)

In Cases A and B the entitlement takes effect as soon as the person falls within the Case.

(8)

In Case C the entitlement takes effect—

(a)

where, immediately before the person became incapacitated he was in excluded employment, on the day after the last day of his excluded employment; and

(b)

in any other case, as soon as the person falls within the Case or as soon as the person would have fallen within the Case had there not been a requirement that the Secretary of State notify that person that he has not exercised, or is not considering the exercise of, his powers of direction under regulation 10(2) or (10) of the Education (Teachers) Regulations 1993,

or (in all cases), if later, 6 months before the date of the last of any medical reports considered by the Secretary of State in determining under regulation H9 that the person had become incapacitated.

(9)

In Case D the entitlement takes effect as from the day after the end of the employment.

(10)

In no case shall a person be regarded as having ceased to be in pensionable employment until at least one day has passed without the person being in pensionable employment.

Annotations

Footnotes

f1: S.I. 1993/543; relevant amending instruments are S.I. 1994/222 and S.I. 1995/2594.
f2: S.I. 1997/311.