# The Teachers' Superannuation (Consolidation) Regulations 1988, Regulation E3: Qualification for retirement benefits


(1) A person is qualified for retirement benefits if—
(a) immediately before 6th April 1988 he would but for his age have been entitled under regulation 53 of the 1976 Regulations to payment of an annual allowance and an additional allowance, or
(b) an appropriate qualifying period has been completed.
(2) A qualifying period, which may be discontinuous, comprises—
(a) where paragraph (3) or (4) applies, every period of a kind described in Part I of Schedule 9, or
(b) where paragraph (5) applies, every period of a kind described in Schedule 9,
excluding, in either case, any contributions refund period.
(3) If the person was in pensionable employment, or paying contributions for a current period under regulation C8, on 6th April 1988, any qualifying period of 2 years is an appropriate one.
(4) If paragraph (3) does not apply but the person has subsequently entered pensionable employment, a qualifying period of 2 years beginning after 5th April 1988 is an appropriate one; and any period of the kind described in paragraph 4 of Schedule 9 (transfer value received) is to be treated for the purposes of this paragraph as having begun after 5th April 1988.
(5) If neither paragraph (3) nor paragraph (4) applies, any qualifying period of 5 years is an appropriate one.
(6) Notwithstanding that an appropriate qualifying period has not been completed, a person is qualified for retirement benefits—
(a) subject to paragraph (7), if he has a guaranteed minimum in relation to benefits under these Regulations, or
(b) if a transfer value was paid in respect of him by the Secretary of State to the superannuation scheme of the Commission of the European Communities and one has since been received by the Secretary of State from that scheme.
(7) If a contributions equivalent premium is paid by the Secretary of State, paragraph (6)(a) is to be treated as not having applied.

---
Source: https://www.legislation.gov.uk/uksi/1988/1652/regulation/E3 (the official version)
Page: https://openlegislation.uk/teachers-superannuation-consolidation-regulations-1988/regulation-E3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.