{
  "url": "https://openlegislation.uk/teachers-pensions-regulations-2010/regulation-54",
  "json_url": "https://openlegislation.uk/teachers-pensions-regulations-2010/regulation-54.json",
  "legislation": "uksi/2010/990",
  "legislation_title": "The Teachers' Pensions Regulations 2010",
  "legislation_url": "https://openlegislation.uk/teachers-pensions-regulations-2010",
  "path": "regulation/54",
  "kind": "regulation",
  "number": "54",
  "heading": "Meaning of “qualified for retirement benefits”",
  "text": "(1) A person (T) is “qualified for retirement benefits” for the purpose of these Regulations if T satisfies any of Conditions 1 to 6.\n(2) But T is not “qualified for retirement benefits” if T has been in further employment.\n(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.\n(4) Condition 2 is that—\n(a) (i) T was in pensionable employment on 6th April 1988 or paying contributions under regulation 30 of TSR 1976 on that date, or\n(ii) T entered pensionable employment for the first time after 6th April 1988, and\n(b) T has retirement benefits qualification service of at least 2 years.\n(5) Condition 3 is that—\n(a) (i) T was in pensionable employment on 6th April 1988 or paying contributions under regulation 30 of TSR 1976 on that date, or\n(ii) T re-entered pensionable employment after 6th April 1988, having previously been in such employment, and\n(b) (i) T has retirement benefits qualification service of at least 2 years attributable to a period of employment after 5th April 1988, or\n(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.\n(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.\n(7) Paragraph (6) does not apply to—\n(a) a period of comparable British service, or\n(b) a period of employment pensionable under the National Health Service Pension Scheme Regulations 1995 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.\n(8) Condition 4 is that—\n(a) T has a guaranteed minimum in relation to benefits under these Regulations, and\n(b) the Secretary of State has not paid a contributions equivalent premium in respect of T.\n(9) Condition 5 is that the Secretary of State—\n(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\n(b) has since accepted a transfer value from that scheme in respect of T.\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "M",
      "label": "M1",
      "text": "S.I. 1995/300"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2010/990/regulation/54",
    "retrieved_at": "2026-10-29T02:45:27.973590+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."
}