# The Teachers' Pensions Regulations 2010, 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 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.

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Source: https://www.legislation.gov.uk/uksi/2010/990/regulation/54 (the official version)
Page: https://openlegislation.uk/teachers-pensions-regulations-2010/regulation-54
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.