Regulation H1 Modified application in case of employment at reduced salary

(1)

If—

(a)

a person who has been in pensionable employment either—

(i)

continues to be employed, or

(ii)

ceases to be employed and is re-employed within 6 months,

by the same employer at a reduced rate of contributable salary, and

(b)

he does not elect under regulation C1(6) that his contributable salary is to be treated as having continued at the previous rate, and

(c)

his employer notifies the Secretary of State in writing, within 13 weeks after the first day of his employment at the reduced rate, that his employment at that rate is in the interests of the efficient discharge of the employer’s functions, and

(d)

the application to him of this paragraph would, taking into account prospective increases under the Pensions (Increase) Act 1971^f1 of benefits under Part E, be beneficial,

these Regulations have effect in relation to him with the modifications set out in Part II of Schedule 10.

(2)

For the purposes of paragraph (1)—

(a)

the contributable salary of a person in part-time employment is to be taken to be what it would have been if the employment had been full-time, and

(b)

a local education authority and the governors of the schools maintained by it are to be taken to be the same employer,

but where the employers at the previous rate and at the reduced rate were in fact different, the former is the employer for the purposes of notification under paragraph (1)(c).

(3)

A second or subsequent application of paragraph (1) does not affect its previous operation.

Annotations

Footnotes

f1: 1971 c. 56.