Regulation B6 Employment not pensionable

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

reg. B6(1)(c) words substituted by Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) 2020 reg. 13(2)
reg B6 am (savings) by Teachers' Superannuation 2007 regs 2, 5
reg. B6(1)(c) words inserted by Teachers' Superannuation 2014 reg. 5(a)
reg. B6(2) words inserted by Teachers' Superannuation 2014 reg. 5(b)
reg. B6(3) words inserted by Teachers' Superannuation 2014 reg. 5(c)
reg. B6(6) words inserted by Teachers' Superannuation 2014 reg. 5(d)

(1)

A teacher is not in pensionable employment unless aged at least 16 and under 70 and–

(a)

entitled to be paid his or her salary in full;

(b)

on sick leave and entitled to be paid not less than half his or her salary; or

(c)

on maternity, paternity or adoption leave and entitled to be paid any contractual remuneration or receive statutory maternity, paternity or adoption pay (whether as a constituent part of or as the teacher’s sole income).

(2)

A teacher is not in pensionable employment while he or she is in an employment which immediately before the date on which these Regulations come into force was, by virtue of regulation B5(2) of the 1992 Regulations, not pensionable employment.

(3)

Subject to paragraph (4), a teacher who–

(a)

immediately before the date on which these Regulations come into force was in; or

(b)

not more than 12 months before that date had ceased to hold,

an employment which by virtue of regulation B5(3) of the 1992 Regulations was not pensionable employment and who has made no election under regulation B5(4) of the 1992 Regulations, is not in pensionable employment.

(4)

Within 3 months after the start of an employment to which paragraph (2) applies the teacher may, by giving written notice to the Scottish Ministers and to the appropriate administering authority within the meaning of the Local Government Pension Scheme (Scotland) Regulations 1998^f1, elect that paragraph (3) is to cease to apply.

(5)

Subject to regulation B9, a teacher is not in pensionable employment in respect of any employment which commenced on or after 1st April 1997 while he or she is entitled to be paid a teacher’s pension, including cases where the annual rate of the pension has been reduced to zero in accordance with regulation E18.

Annotations

Footnotes

f1: S.I. 1998/366, to which there are amendments not relevant to these Regulations.