Regulation B2 Part-time service

Subject to paragraphs (2) and (3) and regulations B6 to B9, a part time teacher is in pensionable employment where he or she is in part time service in an employment specified in Schedule 2.

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

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 regulation B2 of the 1992 Regulations^f2 (as in force before that date) in relation to that employment shall not be in pensionable employment unless he or she makes an election for the purposes of this regulation or enters a new employment specified in Schedule 2.

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

If the Scottish Ministers so specify, the election shall have effect from an earlier date provided that the contributions payable under regulations C4(2) and H5(1) are paid to the Scottish Ministers by the date 6 weeks after the date of the demand under regulation C15(5) or H5(2), as the case may be.

In these Regulations, “the back period” means the period between the date specified by the Scottish Ministers 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.