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PART 5Retirement benefits for teachers

CHAPTER 3Phased retirement

The new employment condition

88.—(1) A person (P) meets the new employment condition if—

(a)P leaves all eligible employment;

(b)within 6 months after leaving all eligible employment, P enters a new employment; and

(c)on the day after the entitlement day referred to in regulation 89 the reduced annual rate of P’s pensionable earnings in the new employment does not exceed 80% of the average annual rate of P’s pensionable earnings for the last 6 months of the previous employment.

(2) In this regulation—

“a new employment” means—

(a)

one or more new eligible employments;

(b)

one or more employments with an employer mentioned in any paragraph in Part 2 of Schedule 1 that is not an eligible employment where P’s normal duties in the employment include providing education or services ancillary to education (other than administrative services); or

(c)

one or more new eligible employments and one or more employments mentioned in paragraph (b); and

“previous employment” means one or more previous eligible employments.