Regulation 9 Election for employment not to be pensionable

F1(1)

A person may make an election under this regulation in respect of a particular pensionable employment by giving written notice to the employer.

(2)

An election has effect from the first day of the month after the month in which the notice is given.

F2(3)

But—

(a)

if the notice is given within 3 months after the start of employment in a capacity mentioned in Schedule 2, the election has effect from the first day of that employment; and

(b)

if the notice is given within 3 months after the date on which arrangements made by the employer under section 3(2) (automatic enrolment) or section 5(2) (automatic re-enrolment) of PA 2008 have effect in respect of that employment, the election has effect from that date.

F3(4)

An election ceases to have effect from the F4earliest of—

(a)

the date on which an election under regulation 10 (election for employment to be pensionable) has effect; and

(b)

the date on which arrangements made by the employer under section 3(2) (automatic enrolment) or section 5(2) (automatic re-enrolment) of PA 2008 have effect in respect of the employment F5; and

(c)

a subsequent fair deal transfer date in relation to service in the employment.

Annotations

Textual amendments

F1: Reg. 9(1) substituted (1.10.2012) by The Teachers’ Pensions (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2270), regs. 1, 6(a)
F2: Reg. 9(3) substituted (1.10.2012) by The Teachers’ Pensions (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2270), regs. 1, 6(b)
F3: Reg. 9(4) substituted (1.10.2012) by The Teachers’ Pensions (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2270), regs. 1, 6(c)
F4: Word in reg. 9(4) substituted (1.4.2014) by The Teachers’ Pensions (Amendment) Regulations 2014 (S.I. 2014/424), regs. 1, 4(a)
F5: Reg. 9(4)(c) and word inserted (1.4.2014) by The Teachers’ Pensions (Amendment) Regulations 2014 (S.I. 2014/424), regs. 1, 4(b)