Paragraph 1

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

Sch.7, para.1(1) rev.in pt. by Teachers' Superannuation 1997 regs.2,34(a)
Sch.7, para.1(3) amended by Teachers' Superannuation 1997 regs.2,34(b)
Sch.7, para.1(5)(b)(iii) amended by Teachers' Superannuation 1997 regs.2,34(c)
Sch.7, para.1(8) revoked by Teachers' Superannuation 1997 regs.2,34(d)
Sch.7, paras.1A-1D added by Teachers' Superannuation 1997 regs.2,34(e)
Sch.7, para.2(2) (defn. of B) amended by Teachers' Superannuation 1997 regs.2,34(f)
Sch.7, para.3 revoked by Teachers' Superannuation 1997 regs.2,34(g)
Sch.7, para 1 substituted by Teachers' (Superannuation and Compensation for Premature Retirement) 1993 reg.17(a)
Sch.7, para 3(1) amended by Teachers' (Superannuation and Compensation for Premature Retirement) 1993 reg.17(b)
Sch.7, para 3(5) added by Teachers' (Superannuation and Compensation for Premature Retirement) 1993 reg.17(c)
Sch.7, para 3A added by Teachers' (Superannuation and Compensation for Premature Retirement) 1993 reg.17(d)
Sch.7, para.3 added by Teachers' Superannuation 1998 reg.22

(1)

This paragraph applies where a teacher paying additional contributions for a past period in accordance with Part I of Schedule 4–

(a)

ceases to be in full-time pensionable employment before the end of the period during which they were to be paid (“the contribution period ”); and

(b)

does not again enter such employment within one month and before becoming entitled to payment of retiring allowances,

and no lump sum payment is made under paragraph 5, 6 or 8 of Schedule 4.

(2)

In this paragraph, subject to sub-paragraph (5), A is the past period and B is the contribution period.

(3)

Subject to sub-paragraphs (4) and (5), the teacher is entitled to count as reckonable service–

A \times \frac{C}{B}

where C is so much of the contribution period as had elapsed when the pensionable employment ended.

(4)

Subject to sub-paragraph (5), if when the pensionable employment ended the teacher was incapacitated and had not attained the age of 60, he is entitled to count as reckonable service–

(a)

where the contribution period would not have expired before he attained that age–

A \times \frac{D}{B}

where D is the period from the start of the contribution period to his 60th birthday; or

(b)

in any other case, A.

(5)

If the teacher had elected under paragraph 4 of Schedule 4 to shorten the contribution period–

(a)

he is in any case entitled to count as reckonable service–

A \times \frac{F}{E}

where E is the original contribution period and F is so much of it as had elapsed by the effective date of the election; and

(b)

sub-paragraphs (3) and (4) have effect with the substitution -

(i)

as A, of

A - \frac{(A \times F)}{( E )};

(ii)

as B, of the shortened contribution period;

(iii)

as C, of so much of the shortened contribution period as had elapsed when the pensionable employment ended; and

(iv)

as D, of the period from the effective date of the election to his 60th birthday.