Paragraph 12

(1)

Where a person (P) is not in pensionable or excluded employment on the day on which P makes the application mentioned in paragraph 10(1)(e), the entitlement day for Case E is such day as P may specify in P's application, which must be no earlier than 6 weeks after the day on which the application is made.

(2)

Where a person (P) is in pensionable or excluded employment on the day on which P makes the application mentioned in paragraph 10(1)(e) and P's employer agrees that retirement benefits should become payable to P by virtue of P falling within paragraph 10, the entitlement day for Case E is the day after the cessation of the employment.

(3)

Where a person (P) is in pensionable or excluded employment on the day on which P makes the application mentioned in paragraph 10(1)(e) and P's employer does not agree that retirement benefits should become payable to P by virtue of P falling within paragraph 10, the entitlement day for Case E is—

(a)

where P continues to be in the employment for at least 6 months after the date on which P asks P's employer to agree, the day after the cessation of that employment;

(b)

where P ceases to be in that employment before 6 months have expired since the date on which P asks P's employer to agree, such day as P specifies in the application, which must be no earlier than 6 weeks after the date on which P's application is made.

F1(3A)

P does not fall within paragraph 10 if—

(a)

P makes the application mentioned in paragraph 10(1)(e);

(b)

P’s application is made in accordance with paragraph 12(1) or (3)(b); and

(c)

P returns to pensionable or excluded employment before the entitlement day specified in P’s application.

(4)

Despite sub-paragraphs (1) to (3), the entitlement day for Case E cannot be before the day on which P falls within paragraph 10.

Annotations

Textual amendments

F1: Sch. 7 para. 12(3A) inserted (30.11.2017) by The Teachers’ Pensions Schemes (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1084), regs. 1, 7(c)