Paragraph 3 F1

“Non-qualifying service” means—

(a)

where the qualifying person (P) is —

(i)

a man with a spouse or civil partner,

(ii)

a woman with a F2female civil partner or a female spouse F3or (in the case of a woman who died on or after 5th December 2005) a male civil partner or a male spouse, or

(iii)

a person who has nominated a person under regulation 91 (nomination of surviving nominated beneficiary),

reckonable service which ended before 1st April 1972;

(b)

where P is a F4woman (with a male spouse) who died before 5th December 2005, reckonable service which ended before 6th April 1988, and

(c)

where P is living with a person who fulfils the condition in regulation 90(2) (conditions for becoming surviving qualifying partner), reckonable service which ended before 1st January 2007,

but, where P would have been a member (as defined in paragraph 1 of Schedule 6 to TPR 1997) if Schedule 6 to the TPR 1997 had been in force at the date of the election, P’s non-qualifying service cannot exceed the maximum period in respect of which P could have made an election under Part 1 of that Schedule.

Annotations

Textual amendments

F1: Sch. 5 para. 3 substituted (1.9.2019 with effect from 1.9.2010) by The Teachers' Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), regs. 1(1)(3), 16(1)(b)
F2: Word in Sch. 5 para. 3(a)(ii) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 115(2)(a)
F3: Words in Sch. 5 para. 3(a)(ii) inserted (1.8.2021 with effect from 1.9.2010) by The Teachers’ Pensions (Miscellaneous Provisions) (Amendment) Regulations 2021 (S.I. 2021/805), regs. 1, 2(1)(a), 12(2)
F4: Words in Sch. 5 para. 3(b) substituted (1.8.2021 with effect from 1.9.2010) by The Teachers’ Pensions (Miscellaneous Provisions) (Amendment) Regulations 2021 (S.I. 2021/805), regs. 1, 2(1)(a), 12(3)