{
  "url": "https://openlegislation.uk/teachers-superannuation-consolidation-regulations-1988/regulation-C10",
  "json_url": "https://openlegislation.uk/teachers-superannuation-consolidation-regulations-1988/regulation-C10.json",
  "legislation": "uksi/1988/1652",
  "legislation_title": "The Teachers' Superannuation (Consolidation) Regulations 1988",
  "legislation_url": "https://openlegislation.uk/teachers-superannuation-consolidation-regulations-1988",
  "path": "regulation/C10",
  "kind": "regulation",
  "number": "C10",
  "heading": "Right to repayment of balance of contributions",
  "text": "(1) Subject to paragraphs (3) and (4), this regulation applies where a person has ceased to be in pensionable employment and—\n(a) if he ceased to be in pensionable employment by virtue of an election under regulation B6, he had not completed one or more periods of the kinds described in Part I of Schedule 9 amounting to 2 years or more, and\n(b) in any other case, he is not qualified for retirement benefits, and\n(c) no transfer value has since been paid or become payable in respect of him, and\n(d) he has not since taken any right to a cash equivalent, and\n(e) he did not within the relevant period re-enter pensionable employment, and\n(f) the relevant period is not a period, or part of a period, for which he has elected to pay additional contributions under regulation C8.\n(2) The relevant period is—\n(a) if he has ceased to be ordinarily resident within the area comprising the British Islands and the Republic of Ireland, the period of one month, and\n(b) in any other case, the period of 3 months,\nbeginning when he ceased to be in pensionable employment.\n(3) Subject to paragraph (4), this regulation does not apply if—\n(a) the person ceased to be in pensionable employment before 6th April 1980, and\n(b) his contributable salary in any year had exceeded £5,000.\n(4) If the Secretary of State is satisfied that the excess was caused solely by a general increase in the remuneration of teachers authorised after the person ceased to be in pensionable employment, he may after consulting the Commissioners of Inland Revenue apply this regulation to him.\n(5) For the purposes of paragraph (1) a woman who ceased to be in pensionable employment wholly or partly because of pregnancy or confinement is to be treated—\n(a) as having remained in such employment while she enjoyed the right to return to work conferred by sections 45 and 47 of the Employment Protection (Consolidation) Act 1978, and\n(b) if she has exercised that right, as not having ceased to be in pensionable employment.\n(6) Subject to regulation C13 (application for payment), where this regulation applies the person is entitled to be repaid the balance of his contributions, calculated in accordance with regulation C11.\n(7) The entitlement takes effect at the end of the relevant period, or on his 70th birthday if earlier.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1978 c. 44; section 47 was amended by the Employment Act 1980 (c. 42), section 11(3)."
    }
  ],
  "outstanding_effects": [
    {
      "type": "amended",
      "affecting": "uksi/1993/114",
      "affecting_title": "The Teachers' Superannuation (Amendment) Regulations 1993"
    },
    {
      "type": "rev.in pt.",
      "affecting": "uksi/1996/2269",
      "affecting_title": "The Teachers' Superannuation (Amendment) Regulations 1996"
    },
    {
      "type": "substituted",
      "affecting": "uksi/1996/2269",
      "affecting_title": "The Teachers' Superannuation (Amendment) Regulations 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1997/312",
      "affecting_title": "The Teachers' Superannuation (Amendment) Regulations 1997"
    },
    {
      "type": "amended",
      "affecting": "uksi/1989/378",
      "affecting_title": "The Teachers' Superannuation (Amendment) Regulations 1989"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1988/1652/regulation/C10",
    "retrieved_at": "2026-10-29T15:57:41.170457+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."
}