Entitlement to payment of retiring allowances
4. In regulation E5–
(a)after paragraph (1)(f) there shall be inserted–
“(g)(i)has attained the age of 55;
(ii)has ceased on or after 30th June 2002 and before attaining the age of 60 to be in pensionable employment or excluded employment; and
(iii)is not entitled to payment of retiring allowances by virtue of paragraph (1)(e) or (1)(f),
and the conditions specified in paragraph (4) are satisfied.”.
(b)in paragraph (2) after sub-paragraph (c) there shall be inserted–
“(d)paragraph (1)(g) takes effect–
(i)where, at the time of the application for benefits under regulation E31, the teacher was in pensionable employment or excluded employment, as from the day after the end of the employment; and
(ii)in any other case on a date determined by the teacher making the application for benefits under regulation E31 being a date no earlier than 6 weeks after the date of such application.”.
(c)after paragraph (3)(1) there shall be inserted–
“(4) The conditions referred to in paragraph (1)(g) are–
(a)where the teacher has a guaranteed minimum pension in respect of employment before 6th April 1997, or an equivalent pension benefit relating to employment undertaken during the period starting on 3rd April 1961 and ending on 5th April 1975 (or both) that the annual rate of the person’s retirement benefits in the opinion of the Government Actuary is equal to or exceeds the equivalent pension benefit or the value of the guaranteed minimum pension (or if both the aggregate); and
(b)where, at the time of the application for payment of benefits under regulation E31, the teacher was in pensionable employment (otherwise than by virtue of regulation B8) or excluded employment that–
(i)his employer has consented to the application; or
(ii)6 months have elapsed since the date on which the teacher requested his employer to give consent and such consent has not been given.”.
Regulation E5(3) of the principal Regulations was inserted by S.I. 1995/1670, regulation 3.