{
  "url": "https://openlegislation.uk/teachers-pensions-regulations-1997/regulation-H10",
  "json_url": "https://openlegislation.uk/teachers-pensions-regulations-1997/regulation-H10.json",
  "legislation": "uksi/1997/3001",
  "legislation_title": "The Teachers' Pensions Regulations 1997",
  "legislation_url": "https://openlegislation.uk/teachers-pensions-regulations-1997",
  "path": "regulation/H10",
  "kind": "regulation",
  "number": "H10",
  "heading": "Election in respect of protected benefits",
  "text": "(1) Where—\n(a) apart from this regulation, any provision of these Regulations, which re-enacts with any modification any provision revoked by these Regulations, would place any person to whom a protected benefit is or may become payable in a worse position than he would have been in if that modification had not been made, and\n(b) that person so elects, by giving written notice to the Secretary of State before 3rd May 1998,\nthen, subject to paragraph (3), these Regulations shall have effect, in relation to him and to that benefit as if these Regulations had re-enacted the revoked provision without modification.\n(2) In this regulation “protected benefit” means a benefit payable to, or in respect of, a person who before 3rd February 1998—\n(a) was employed in pensionable employment but ceased to be so employed (whether or not he has subsequently become re-employed in pensionable employment); or\n(b) died.\n(3) If an election under paragraph (1) is made in relation to a benefit of a person who is in pensionable employment or who subsequently becomes re-employed in pensionable employment—\n(a) the election shall have effect in relation to the benefit only to the extent that it accrues or has accrued by virtue—\n(i) of periods of reckonable service before the cessation referred to in paragraph 2(a) (or, if there had been more than one cessation, the last of them before 3rd February 1998, or\n(ii) of contributions paid in respect of such periods of reckonable service; and\n(b) in determining entitlement to, or the amount of, the benefit to that extent, he shall be treated as if he had never re-entered pensionable employment again at any time after the cessation referred to in paragraph (2)(a) (but without prejudice to the application of this paragraph);\nand these Regulations shall apply accordingly.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "added",
      "affecting": "uksi/2000/665",
      "affecting_title": "The Teachers' Pensions (Amendment) Regulations 2000"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/3001/regulation/H10",
    "retrieved_at": "2026-10-29T11:40:26.186253+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."
}