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Regulation C10 Return of contributions

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

(1)

Subject to paragraph (3), this regulation applies where a teacher has ceased to be in pensionable employment and–

(a)

if he ceased to be in pensionable employment by virtue of an election under regulation B6, he had not completed one or more periods of the kinds described in Part I of Schedule 8 amounting to 2 years or more; and

(b)

in any other case, he is not qualified for retiring allowances; and

(c)

no transfer value under regulation F1 has since been paid or become payable in respect of the teacher; and

(d)

he did not within the relevant period re-enter pensionable employment; and

(e)

the relevant period is not a period, or part of a period, for which the teacher has elected to pay additional contributions under regulation C8 (current added years).

(2)

The relevant period is–

(a)

if he has ceased to be ordinarily resident within the area comprising the British Islands and the Republic of Ireland, the period of one month; and

(b)

in any other case, the period of 3 months,

  • beginning when the teacher ceased to be in pensionable employment.

(3)

This regulation shall not apply if part of the teacher’s reckonable service is attributable to a transfer value paid in respect of him to the Secretary of State by the trustees or managers of a personal pension scheme, notwithstanding that the teacher has less than 2 years' service.

(4)

For the purposes of paragraph (1) a woman who ceased to be in pensionable employment wholly or partly because of pregnancy or confinement is to be treated–

(a)

as having remained in such employment while she enjoyed the right to return to work conferred by sections 45 and 47 of the Employment Protection (Consolidation) Act 1978f1; and

(b)

if she has exercised that right, as not having ceased to be in pensionable employment.

(5)

Where this regulation applies the person is entitled to have returned the balance of his contributions, calculated in accordance with regulation C11.

(6)

The entitlement takes effect at the end of the relevant period, or on the teacher’s 70th birthday if earlier.

Annotations

Footnotes

f1

1978 c. 44; section 45 was amended by the Social Security Act 1989 (c. 24), Schedule 5, paragraph 15; section 47 was amended by the Employment Act 1980 (c. 42), section 11(3).