The Teachers' Superannuation (Consolidation) Regulations 1988

Election not to be pensionable

B6.—(1) A person who—

(a) is in pensionable employment, or

(b) is not in pensionable employment but expects to enter an employment which would otherwise be pensionable employment,

may at any time, by giving written notice to the Secretary of State, make an election under this regulation.

(2) As from the date from which the election has effect—

(a) where paragraph (1)(a) applies, the person ceases to be in pensionable employment for all purposes of these Regulations, and

(b) in any case, subject to regulation B7, no subsequent employment of his is pensionable employment.

(3) Where paragraph (1)(a) applies, an election under this regulation—

(a) if the notice is given within 3 months after the start of the person’s pensionable employment, has effect as from the first day of his pensionable employment, and

(b) in any other case, has effect from the first day of the month after that in which the notice was given.

(4) Where paragraph (1)(b) applies, the election has effect as from the day before that on which the person first enters any such employment as is there mentioned.

(5) An election made under proviso (b)(ii) to regulation 6(7) of the 1976 Regulations (accepted schools) or regulation 10 of the Teachers' Superannuation (Miscellaneous Provisions) (No. 2) Regulations 1988(1) is to be treated as having been made under this regulation.

(1)

S.I. 1988/816.