The Teachers' Pensions Regulations 1997

Regulation B1

SCHEDULE 2 PENSIONABLE EMPLOYMENT

PART I EMPLOYMENTS PENSIONABLE WITHOUT ELECTION

1.  Teacher employed by, or in a school or institution providing further education or higher education (or both) maintained by, a local education authority.

2.  Teacher in a special school which is not a grant-maintained special school or maintained by a local education authority.

3.  Teacher in a school, other than a special school, in respect of which grants are made by the Secretary of State or a funding authority within the meaning of section 26 of the 1996 Act to the person responsible for its management.

4.  Teacher in a grant-maintained special school.

5.  Teacher, organiser or supervisor employed—

(a) in an independent school which is for the time being recognised by the Secretary of State as a city technology college, or, as the case may be, a city college for the technology of the arts, or

(b) in connection with a proposed independent school the proposals for which are for the time being recognised by the Secretary of State as proposals for a city technology college, or, as the case may be, a city college for the technology of the arts.

6.  Teacher in an institution providing further education or higher education (or both) in respect of which grants are made to the governing body by the Secretary of State, by a body to which grants are made by the Secretary of State, or by a local education authority, other than—

(a) a university or college of a university, and

(b) the Royal College of Art.

7.  Teacher in a university established on or after 6th May 1992 which, immediately before it became such, was an institution of higher education described in paragraph 6, whether or not that teacher was a teacher in that institution before it ceased to fall within that description and became a university.

8.  Teacher employed in—

(a) a community home within the meaning of Part VI of the Children Act 1989(1).

(b) a voluntary home as defined in section 60 of that Act, or

(c) a home of the kind referred to in section 82(5) of that Act.

9.  Teacher employed by a local authority or a voluntary organisation in an establishment which provides facilities under arrangements approved under section 19 of the Children and Young Persons Act 1969(2).

10.  Teacher in—

(a) a residential care home within the meaning of Part I of the Registered Homes Act 1984(3), or,

(b) a mental nursing home as defined in section 22 of the Act,

who, at any time before the commencement of Part III of the Mental Health Act 1959(4), was in pensionable employment in a certified institution as defined in section 71 of the Mental Deficiency Act 1913(5).

11.  Teacher in a special hospital provided by the Secretary of State under section 4 of the National Health Service Act 1977(6) (“the 1977 Act”).

12.  Teacher employed for the purpose of instructing, training, or superintending the occupation of persons suffering from mental impairment, severe mental impairment, psychopathic disorder or mental illness—

(a) in a hospital provided by the Secretary of State in accordance with the 1977 Act, or

(b) by a voluntary organisation to which—

(i) financial assistance is given by a local authority, or

(ii) facilities are made available under section 23 of the 1977 Act(7) or

(c) by a local authority in the exercise of its functions under paragraph 2 of Schedule 8 to the 1977 Act(8).

13.  Teacher employed by the Field Studies Council.

14.  Teacher employed in pursuance of arrangements made by the Secretary of State with the governors of any establishment which, by virtue of the European Communities (European Schools) Order 1972(9), has the legal capacities of a body corporate.

15.  Organiser employed as a youth and community worker by a local education authority for the purposes of their functions under section 15 or 508 of the 1996 Act.

PART II EMPLOYMENTS PENSIONABLE ON ELECTION

16.  Teacher in an institution for the further education and training of disabled persons.

17.  Teacher employed in, or in connection with, an establishment for providing social or physical training, being training at that establishment in respect of which grants are made by the Secretary of State, the United Kingdom Sports Council, the English Sports Council or the Sports Council for Wales, whose principal duty is to attend the establishment and provide the training or supervise its provision.

18.  Teacher employed by the Commonwealth Institute.

19.  Teacher employed by a person to whom grants are made by either the Secretary of State or a local education authority in respect of expenditure incurred for the purpose for which the teacher is employed.

20.  Organiser employed by—

(a) the United Kingdom Sports Council,

(b) the English Sports Council,

(c) the Sports Council for Wales, or

(d) any other body, except a local education authority, to which grants—

(i) are made by any of those Councils or by a local education authority, or

(ii) are or have been made by the Secretary of State,

in respect of expenditure incurred for the purpose for which the organiser is employed.

21.  Teacher, supervisor or youth worker employed by the Ministry of Defence in service with the armed forces of the Crown or for purposes connected with the armed forces, unless—

(a) the Principal Civil Service Pension Scheme applies to him, or

(b) he was engaged outside the United Kingdom and had not previously been in other pensionable employment.

22.  Services education officer.

23.  Organiser employed as a youth and community worker by a body to whom grants are made by a local education authority in the exercise of their functions under section 15 or 508 of the 1996 Act.

24.  Organiser employed by—

• the Association of Business Schools

• the Association of Christian Teachers

• the Associated Examining Board

• the Church of England Board of Education

• the City and Guilds of London Institute

• the Catholic Education Service

• a Diocesan Board of Education established under the Diocesan Boards of Education Measure 1991(10)

• the East Midlands Further Education Council

• the Edexcel Foundation

• the Education 2000 Trust

• the Field Studies Council

• the Independent Schools Careers Organisation

• the London Open College Federation

• the National Nursery Examination Board

• the National Society for Promoting Religious Education

• the National Education Resources Information Service

• the North East Religious Learning Resources Centre Limited

• the North of England Institute for Christian Education

• a Regional Advisory Council for Further Education

• a Roman Catholic Diocesan Schools Commission

• the Royal National Institute for the Blind

• SCOPE

• the Stapleford Centre

• the Yorkshire and Humberside Association for Further and Higher Education

25.  Teacher in a university who—

(a) was employed as a teacher in an institution providing further education or higher education (or both) described in paragraph 1 or 6 which has ceased to fall within that description and become part of the university, and

(b) was so employed immediately before it did so.

26.  Teacher employed in—

• the British School of Amsterdam (the Netherlands)

• the British School of Brussels (Belgium)

• the British School in the Netherlands

• the British School of Paris (France)

• St Julian’s School, Carcavelos (Portugal)

• Mougins School, Mougins (France)

• St George’s English School, Rome (Italy)

• the British Embassy School, Athens (Greece) or

• the British Primary School, Tervuren (Belgium).

(1)

1989 c. 41.

(2)

1969 c. 54; section 19 was substituted by the Criminal Justice Act 1982 (c. 48), section 21.

(3)

1984 c. 23.

(4)

1959 c. 72.

(5)

1913 c. 28.

(6)

1977 c. 49; section 4 was amended by the Mental Health Act 1983 (c. 20), Schedule 4, paragraph 47.

(7)

Section 23 was repealed in part by the Health Services Act 1980 (c. 53), Schedule 7.

(8)

Paragraph 2 of Schedule 8 was amended by the Mental Health Act 1983 (c. 20), Schedule 4, paragraph 47.

(9)

S.I. 1972/1582.

(10)

1991 No. 2