{
  "url": "https://openlegislation.uk/teachers-pensions-regulations-2010/schedule-5/paragraph-3",
  "json_url": "https://openlegislation.uk/teachers-pensions-regulations-2010/schedule-5/paragraph-3.json",
  "legislation": "uksi/2010/990",
  "legislation_title": "The Teachers' Pensions Regulations 2010",
  "legislation_url": "https://openlegislation.uk/teachers-pensions-regulations-2010",
  "path": "schedule/5/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": null,
  "text": "“Non-qualifying service” means—\n(a) where the qualifying person (P) is —\n(i) a man with a spouse or civil partner,\n(ii) a woman with a female civil partner or a female spouse or (in the case of a woman who died on or after 5th December 2005) a male civil partner or a male spouse, or\n(iii) a person who has nominated a person under regulation 91 (nomination of surviving nominated beneficiary),\nreckonable service which ended before 1st April 1972;\n(b) where P is a woman (with a male spouse) who died before 5th December 2005, reckonable service which ended before 6th April 1988, and\n(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,\nbut, 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2010/990/schedule/5/paragraph/3",
    "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."
}