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The Teachers’ Pensions etc. (Reform Amendments) Regulations (Northern Ireland) 2007

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61.  In Schedule 1—

(a)Insert the following definitions at the appropriate place in alphabetical order—

“Appropriate factor”

A factor from time to time specified in relation to the age of a person by the Department after taking advice from the Government Actuary, and different factors may be specified—

(a)

for persons with a normal pension age of 60, for persons with a normal pension age of 65, and

(b)

for different provisions of these Regulations.,

“Career break”A period when, with the agreement of the person’s former employer, the person is not in pensionable employment but expects to return to employment with the same employer and during which the person does not take up any other employment
“1st April 2007 or later entrant”Construe in accordance with regulation EA1(9)
“Normal pension age”Construe in accordance with regulation EA1(10) or, where applicable regulation I2A
“Old regulation C3”Regulation C3 as it had effect immediately before 1st April 2007
“Old regulation C4” and “old regulation C6”Regulation C4 or C6 as it had effect immediately before 1st April 2007 and as it has effect on and after that date by virtue of paragraph 7 or 8 of Schedule 5 to the Teachers’ Pensions etc. (Reform Amendments) Regulations (Northern Ireland) 2007
“Permitted maximum”Construe in accordance with paragraph 2 of Schedule 29 to the Finance Act 2004(1)
“Person with mixed service”Construe in accordance with regulation EA1(8)
“Phased retirement benefits”Construe in accordance with regulation E4A(1)
“Post-break employment start”Construe in accordance with regulation EA1(7)
“Pre-1st April 2007 entrant”Construe in accordance with regulation EA1(2)
“Relevant break of service”Construe in accordance with regulation EA1(5)
“Retail prices index”The index of retail prices published by the Office for National Statistics
“Surviving nominated partner”Construe in accordance with regulation E22A(6),

(b)for the definition of “retirement lump sum” substitute—

“Retirement lump sum”A retirement lump sum payable under Part E (including any retirement lump sum paid as part of phased retirement benefits).,

(c)for the definition of “retirement pension” substitute—

“Retirement pension”

A retirement pension payable under Part E including—

(a)

any retirement pension paid as part of phased retirement benefits, and

(b)

except in regulation E13A, a total incapacity pension paid pursuant to regulation E8A,

(d)at the end of the definition of “average salary” insert “or, where applicable, regulation E31A”,

(e)for paragraph (a)(i) and (ii) of the definition of “entitled” substitute—

(i)has not yet attained the normal pension age, or

(ii)regardless of his age has ceased to be in further employment in circumstances where regulation E15A applies, and,

(f)for paragraph (b) of the definition of “excluded employment” substitute—

(b)being in part-time employment—

(i)has not made an election pursuant to regulation B1(4), where such an election is required pursuant to that paragraph for part-time employment to be pensionable, or

(ii)is at the same time in full-time employment..

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