Regulation 8 Return of contributions on cessation of employment

there shall be inserted at the beginning of paragraph (1) the words “Subject to paragraph (2)”;

there shall be substituted for sub-paragraph (a) of paragraph (1) the following:—

“(a)

(i)

he is not entitled to any benefit; or

(ii)

subject to paragraph (3), he is not qualified by virtue of service under regulation 46;”;

after paragraph (1) there shall be added the following proviso:—

“Provided that the sum payable to a teacher whose application for a refund of contributions under this regulation was received by the Secretary of State before 6th April 1988 shall be reduced in respect of tax chargeable only by the sum by which it would have been reduced if the payment had been made by the Secretary of State on 5th April 1988.”; and

for paragraphs (2) and (3) there shall be substituted the following paragraphs:—

“(2)

For the purposes of paragraph (1), the making of an election under regulation 4A shall be treated as ceasing to be employed in reckonable service.

(3)

This regulation shall not apply where a transfer value has been paid to the Secretary of State by the trustees or managers of a personal pension scheme in respect of a teacher notwithstanding that he has less than 2 years' service.”.