# The Teachers' Pensions Regulations 2010, 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.
(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.

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Source: https://www.legislation.gov.uk/uksi/2010/990/schedule/7/paragraph/12 (the official version)
Page: https://openlegislation.uk/teachers-pensions-regulations-2010/schedule-7/paragraph-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.