Regulation 54 Meaning of “qualified for retirement benefits”

(1)

A person (T) is “qualified for retirement benefits” for the purpose of these Regulations if T satisfies any of Conditions 1 to 6.

(2)

But T is not “qualified for retirement benefits” if T has been in further employment.

(3)

Condition 1 is that immediately before 1st September 2010 T was qualified for retirement benefits under regulation E3(1)(a) or (b) of TPR 1997.

(4)

Condition 2 is that—

(a)

(i)

T was in pensionable employment on 6th April 1988 or paying contributions under regulation 30 of TSR 1976 on that date, or

(ii)

T entered pensionable employment for the first time after 6th April 1988, and

(b)

T has retirement benefits qualification service of at least 2 years.

(5)

Condition 3 is that—

(a)

(i)

T was in pensionable employment on 6th April 1988 or paying contributions under regulation 30 of TSR 1976 on that date, or

(ii)

T re-entered pensionable employment after 6th April 1988, having previously been in such employment, and

(b)

(i)

T has retirement benefits qualification service of at least 2 years attributable to a period of employment after 5th April 1988, or

(ii)

the sum of T's retirement benefits qualification service attributable to a period of employment after 5th April 1988 and of the periods mentioned in Schedule 9 of TSR 1988 attributable to a period of T's employment before 6th April 1988 amounts to at least 5 years.

(6)

For the purpose of Condition 3, any period of employment in respect of which the Secretary of State accepted a transfer value when T re-entered pensionable employment after 5th April 1988 is to be treated as taking place after that date.

(7)

Paragraph (6) does not apply to—

(a)

a period of comparable British service, or

(b)

a period of employment pensionable under the National Health Service Pension Scheme Regulations 1995 M1 in respect of which a transfer value was accepted in accordance with arrangements made for a person to whom Part 6 of Schedule 10 to TPR 1997 (which continues to have effect by virtue of paragraph 26 of Schedule 13) applies.

(8)

Condition 4 is that—

(a)

T has a guaranteed minimum in relation to benefits under these Regulations, and

(b)

the Secretary of State has not paid a contributions equivalent premium in respect of T.

(9)

Condition 5 is that the Secretary of State—

(a)

paid a cash equivalent or a transfer value in respect of T to the pension scheme of the Commission of the European Communities, and

(b)

has since accepted a transfer value from that scheme in respect of T.

(10)

Condition 6 is that the Secretary of State has accepted a transfer value in respect of T's rights under a personal pension scheme.

Annotations

Marginal citations

M1: S.I. 1995/300

Notes on Part 7

Modifications

C1: Pt. 7 applied (1.4.2015) by The Teachers (Compensation for Redundancy and Premature Retirement) Regulations 2015 (S.I. 2015/601), regs. 1, 4 (with reg. 44(2)(3))