PART 5

Retirement Benefits for Teachers
CHAPTER 1

Interpretation

Qualifying for retirement benefits
82
1
A person (P) is qualified for retirement benefits under this scheme if—
a
P has at least 2 years' qualifying service; or
b
a transfer payment otherwise than from another occupational pension scheme has been accepted in relation to P.
2
In these Regulations, a period of qualifying service is the total of the following—
a
any period of pensionable service under this scheme (other than a period of post-benefit service);
b
for a transition member, any period of pensionable service under the existing scheme before the member's transition date;
c
if a transfer payment has been accepted from another occupational pension scheme in relation to P, a period equal to P's period of pensionable service under that scheme.
3
Any pensionable service in respect of which a person's rights under this scheme or the existing scheme are extinguished is not qualifying service.

Re-qualifying for retirement benefits in respect of post-benefit service
83
1
A person (P) is re-qualified for retirement benefits under these Regulations if—
a
P has at least 12 months' post-benefit qualifying service; or
b
a transfer payment otherwise than from another occupational pension scheme has been accepted in relation to P during P's post-benefit service.
2
In these Regulations, a period of post-benefit qualifying service is the total of the following—
a
any period of post-benefit service under this scheme;
b
for a transition member in respect of post-benefit service, any period of post-benefit service under the existing scheme before the member's transition date;
c
if after P enters a period of post-benefit service a transfer payment has been accepted in respect of rights accrued under another occupational pension scheme, a period equal to the person's period of pensionable service under that scheme.
3
For the purpose of these Regulations, P enters a period of “post-benefit service” when—
a
P re-enters pensionable service—
i
on or after reaching normal pension age; and
ii
after a retirement pension (other than a phased retirement pension) or a short-service serious ill-health grant becomes payable; or
b
P re-enters pensionable service—
i
before reaching normal pension age; and
ii
after a retirement pension (other than an ill health pension or phased retirement pension) or a short-service serious ill-health grant becomes payable.
4
For the purpose of these Regulations, P does not enter a period of “post-benefit service” if P re-enters pensionable service—
a
before reaching normal pension age; and
b
after an ill-health pension or phased retirement pension becomes payable.
5
Any period of service in respect of which P's rights under this scheme or the existing scheme are extinguished is not included in a period of post-benefit service .

Payment of retirement benefits for post-benefit service
84
For the purpose of calculating benefits in respect of a period of post-benefit service, a person (P) is taken to enter pensionable service for the first time when P enters the period of post-benefit service.
Regulation 189(4) provides for extinguishment of rights following the refund of the member's contributions.
Regulation 203(6) provides for extinguishment of rights following a transfer value payment.
Regulation 189(4) provides for extinguishment of rights following the refund of the member's contributions.
Regulation 203(6) provides for extinguishment of rights following a transfer value payment.