Regulation E14 Abatement of retirement pension during further employment

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg.E14(3) amended by Teachers' Superannuation 1993 reg.11
reg.£21(6) amended by Teachers' Superannuation 1993 reg.14
reg.E14(1)(a) amended by Teachers' Superannuation 1997 reg.11(a)(b)
reg.E14(3) amended by Teachers' Superannuation 1997 reg.11(c)
reg. and 14(3)(b) amended by Teachers' Superannuation 1997 reg.11(a)(b)
reg.E14(3) rev. in Pt. by Teachers Superannuation 1994 reg.13(a)
reg.E14(4)(5) revoked by Teachers Superannuation 1994 reg.13(b)
reg. E14 amended by Teachers' Superannuation 1989

(1)

This regulation applies while a person who has become entitled to payment of a teacher’s pension is employed—

(a)

in pensionable employment, comparable British service, or employment which would have been pensionable employment but for his having made an election under regulation B6 or attained the age of 70, or

(b)

in part-time employment described in regulation B2(1)(a), (b), (c) or (e), except employment in a capacity described in paragraph 14 or 16 of Schedule 2.

(2)

If the person is concurrently both in employment falling within paragraph (1)(a) and in employment falling within paragraph (1)(b), this regulation applies only in respect of the former.

(3)

Where this regulation applies in respect of employment falling within paragraph (1)(a), the annual rate of the pension is reduced—

(a)

if A equals or exceeds (C+D−E), to zero, and

(b)

in any other case, by the amount (if any) which is necessary to secure that (A+B) does not exceed (C+D−E),

where—

A is the initial annual rate of the person’s salary in the employment,
B is the reduced annual rate of the pension as increased under the Pensions (Increase) Act 1971^f1,
C is, or where his previous pensionable employment was part-time is the full-time equivalent of, the highest annual rate of contributable salary that was payable to him during the 3 years ending immediately before he became entitled to payment of the pension,
D is the amount (if any) by which, immediately before the first day of the employment, C would have been increased if it had been the annual rate of an official pension, within the meaning of the Pensions (Increase) Act 1971, beginning, and first qualifying for increases under that Act, on the same date as the pension, and
E is any part of the pension allocated under regulation E11.

(4)

For any pension quarter in which this regulation applies in respect of an employment falling within paragraph (1)(b), the pension is reduced—

(a)

\frac{F}{4}

equals or exceeds

\frac{(C + D - E)}{4}

, to zero, and

(b)

in any other case, by the amount (if any) which is necessary to secure that

\frac{(B + F)}{4}

does not exceed

\frac{(C + D - E)}{4},

where B, C, D and E are the same as in paragraph (3), and F is the annual rate of the person’s remuneration in the employment on the first day of the pension quarter.

(5)

The pension quarters are—

(a)

where the pension is paid on the last day of a month but not because the anniversary of the person’s birth falls on the first day of a month, the periods of 3 months beginning on 1st January, 1st April, 1st July and 1st October, and

(b)

in any other case, the periods of 3 months beginning on that anniversary and 3, 6 and 9 months after it.

Annotations

Footnotes

f1: 1971 c. 56.