Regulation 6 Pensionable employment: general

(1)

An employment in a capacity mentioned in Part 1 of Schedule 2 is pensionable employment.

F1(1A)

In this regulation—

(a)

paragraphs (2) and (3) apply to a person’s employment before the automatic enrolment date in relation to that person in respect of that employment; and

(b)

paragraphs (2A) and (3A) apply to a person’s employment on or after the automatic enrolment date in relation to that person in respect of that employment.

(2)

An employment in a capacity mentioned in Part 2 of Schedule 2 is pensionable employment if the person in the employment makes an election under regulation 10 (election for employment to be pensionable) by reason of falling within paragraph (2)(b) of that regulation, in respect of that employment.

F2(2A)

A person’s employment in a capacity mentioned in Part 2 of Schedule 2 is pensionable employment if either—

(a)

an election made under regulation 10 (election for employment to be pensionable) has effect before the automatic enrolment date; or

(b)

the employer enrols the person into the Scheme in relation to that employment, and no election under regulation 9 (election for employment not to be pensionable) has effect.

(3)

An employment in a capacity mentioned in Part 3 of Schedule 2 is pensionable employment if—

(a)

the person in the employment makes an election under regulation 10 (election for employment to be pensionable) by reason of falling within paragraph (2)(b) of that regulation, in respect of that employment, and

(b)

the person's employer consents to the election being made.

F3(3A)

A person’s employment in a capacity mentioned in Part 3 of Schedule 2 is pensionable employment if either—

(a)

an election made under regulation 10 (election for employment to be pensionable) has effect before the automatic enrolment date; or

(b)

the employer enrols the person into the Scheme in relation to that employment, and no election under regulation 9 (election for employment not to be pensionable) has effect.

(4)

Where a person who made an election under regulation B1A(4) of TPR 1997 (provision for certain organisers) remains employed as an organiser—

(a)

by a local authority, or

(b)

by a function provider in connection with the performance of a function or service in respect of which the function provider is accepted in accordance with regulation 14 (accepted function providers)

to undertake the same, or substantially the same, functions as the person was undertaking immediately before the date of the election under either the same contract of employment or a contract of employment which has effect by virtue of regulation 4 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 M1, that employment is pensionable employment.

(5)

A person who immediately before 1st September 2010 was in employment (“the first employment”) which was pensionable employment under regulation B2 of TPR 1997 (continuing employment) is in pensionable employment while employed—

(a)

in the first employment, or

(b)

in employment which is in continuation of the first employment.

(6)

This regulation is subject to regulation 7 (employment not pensionable: general) and regulation 8 (employment not pensionable: contributions not paid).

Annotations

Textual amendments

F1: Reg. 6(1A) inserted (1.10.2012) by The Teachers’ Pensions (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2270), regs. 1, 3(a)
F2: Reg. 6(2A) inserted (1.10.2012) by The Teachers’ Pensions (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2270), regs. 1, 3(b)
F3: Reg. 6(3A) inserted (1.10.2012) by The Teachers’ Pensions (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2270), regs. 1, 3(c)

Marginal citations

M1: S.I. 2006/246.