Regulation 3 Part-time service

For regulation B2 there shall be substituted the following regulation–

“B2

(1)

Subject to paragraphs (2) and (3) and regulations B5 to B7, a part-time teacher is in pensionable employment where he is in part-time service in an employment specified in Schedule 2.

(2)

A person is not in pensionable employment by virtue of paragraph (1) if, in respect of that employment, he is eligible to be an active member in accordance with the Local Government Pension Scheme (Scotland) Regulations 1998^f1.

(3)

A part-time teacher who, immediately before 1st April 1999 was in part-time service in an employment specified in Schedule 2 and had not made an election for the purposes of this regulation (as in force before that date) in relation to that employment shall not be in pensionable employment unless he makes an election for the purposes of this regulation or enters a new employment specified in Schedule 2.

(4)

An election for the purpose of this regulation may be made at any time by giving written notice to the Secretary of State and, unless paragraph (5) applies, shall have effect from the first day of the month after that in which the notice was given.

(5)

If however the Secretary of State so specifies, the election shall have effect from an earlier date provided that the contributions payable under regulations C2A(2) and G9B(1) are paid to the Secretary of State by the date 6 weeks after the date of the demand under regulation C14(4A) or regulation G9B(2), as the case may be.

(6)

In these Regulations “the back period” means the period between the date specified by the Secretary of State as the date from which the election shall have effect and the first day of the month after that in which the notice was given.”.