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

Entitlement to payment of retirement benefits

22.  In regulation E4—

(a) for paragraph (2)(a) substitute—

“(a) has, subject to paragraphs (2A) and (2B), attained the normal pension age,”,

(b) after paragraph (2) insert—

“(2A) Where the person is a person with mixed service, paragraph (2)(a) has effect —

(a) in relation to the part of the retirement pension referred to in regulation E5(2)(c)(i), and

(b) in relation to the retirement lump sum,

as if for the “normal pension age” there were substituted “the age of 60.”.

(2B) Where the person is a person with mixed service in respect of whom an election under regulation C2A has been made and, at the time when the election was made the person had not ceased to be a pre-1st April 2007 entrant by virtue of regulation EA1(4), paragraph (2)(a) has effect, in relation to the part of the retirement pension referred to in regulation E5A, as if for “the normal pension age” there were substituted “the age of 60.”

(c) in paragraph (4)(a) for “the age of 60” substitute “the normal pension age”,

(d) in paragraph (5)—

(i) in sub-paragraph (a) for “the age of 60” substitute “the normal pension age”, and

(ii) for sub-paragraph (c) substitute—

“(c) is incapacitated, became so before attaining the normal pension age, and

(i) immediately before he became incapacitated—

(aa) was in pensionable employment, or

(bb) was taking a period of unpaid sick leave, maternity, paternity or adoptive leave (taken with the consent of the person’s employer) or a career break which, in each case, followed on immediately after a period of pensionable employment, or

(cc) was paying additional contributions under old regulation C6 or regulation C7, or

(ii) made an application for payment under regulation E33(2) such that it was received by the Department before 6th April 2007, or

(iii) (where neither paragraph (i) nor (ii) applies) his ability to carry out any work is impaired by more than 90% and is likely permanently to be so.”

(e) in paragraph (7)—

(i) for sub-paragraph (a) for “the age of 60” substitute “the normal pension age”,

(ii) in sub-paragraph (b) substitute—

“(b) has attained the age—

(i) of 50, if he is not a post-5th April 2006 entrant and attained that age before 6th April 2010, or

(ii) of 55 in any other case,”.

(f) after paragraph (7AB) insert—

“(7AC) In case G the person—

(a) has attained the age of 55,

(b) has ceased on or after 1st April 2007 and before attaining the normal pension age to be in pensionable employment or excluded employment, and

(c) is not within Case C or Case F,

and the conditions specified in paragraph (7AD) are satisfied.

(7AD) The conditions in this paragraph are—

(a) where the person has a guaranteed minimum pension in respect of employment before 6th April 1997, or an equivalent pension benefit relating to employment undertaken during the period starting on 3rd April 1961 and ending on 5th April 1975 (or both), that the annual rate of the person’s retirement benefits in the opinion of the Government Actuary is equal to or exceeds the equivalent pension benefit or the value of the guaranteed minimum pension (or if both the aggregate), and

(b) where, at the time of the application for payment of benefits under regulation E33, the person was in pensionable employment or excluded employment that—

(i) the person’s employer has consented to the application, or

(ii) 6 months have elapsed since the date on which the person requested his employer to give consent and such consent has not been given.”.

(g) after paragraph (11) insert—

“(11A) In Case G the entitlement takes effect—

(a) where, at the time of the application for benefits under regulation E33, the person was in pensionable employment or excluded employment, as from the day after the end of the employment, and

(b) in any other case on a date determined by the person making the application for benefits under regulation E33 being a date no earlier than 6 weeks after the date of such application.”.