The Teachers' Pensions Regulations 1997

PART I— AMENDMENTS TO REGULATION E29

1.  After paragraph (1) there shall be inserted the following paragraph—

“(1A) In determining, for the purposes of paragraph (1), what are the best consecutive 365 days of the material part of the person’s average salary service, days on which the person is not in pensionable employment are disregarded.”.

2.  For paragraph (2)(a) there shall be substituted—

“(a) any period spent by the person in pensionable employment”

3.  After paragraph (5) there shall be inserted the following paragraphs—

“(5A) In determining the material part of a person’s average salary service periods when the person was not in pensionable employment shall be disregarded and accordingly the period of 3 years referred to in paragraph (5) may be discontinuous.

(5B) For the purposes of paragraphs (1A), (2)(a) and (5A) a person who is employed under a contract whereby that person is available for work but only undertakes (and accordingly is only paid for) work when, and for periods, requested by the employer is not treated as being in pensionable employment during periods when he is not undertaking work (whether or not such a person would be so treated apart from this paragraph).”.