The Teachers’ Pension Scheme Regulations (Northern Ireland) 2014

Regulation 3

SCHEDULE 1 Eligible employment

PART 1 Accepted school

Accepted school

1.—(1) Subject to sub-paragraph (6), a school is an accepted school if the Department has accepted it for the purposes of this Part.

(2) A school that may be accepted is an independent school within the meaning of Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986(1), and registered under Article 38 of that Order.

(3) A school may only be accepted if its governing body has made a written application to the Department.

(4) A school may be accepted only where there is in force a guarantee, indemnity or bond in a form and amount and provided by a person approved by the Department which provides for payment to the Department of all liabilities of the school under these Regulations or under the Teachers’ Superannuation (Additional Voluntary Contributions) Regulations (Northern Ireland) 1996(2) (“the 1996 Regulations”) should its governing body fail to meet them.

(5) No school need be accepted, but if a school is accepted its acceptance takes effect as from a date to be agreed between the Department and its governing body, which must be the first day of a month later than that in which the application was made.

(6) A school which has become an accepted school ceases to be one from the date specified in a written notice given to its governing body by the Department.

(7) Notice for the purposes of sub-paragraph (6) may be given if—

(a) the school ceases to be registered as mentioned in sub-paragraph (2); or

(b) its governing body—

(i) has made a written application to the Department for the school to cease to be an accepted school; or

(ii) has failed to pay or remit contributions (whether under these Regulations or under the 1996 Regulations) to the Department; or

(iii) has failed to comply with any provision of this Scheme relating to pensionable employment.

(8) Sub-paragraphs (3) to (6) apply to a school which had previously ceased to be an accepted school as they apply to a school which has not previously been an accepted school.

(9) In this Part “governing body” includes any person by whom teachers are employed.

PART 2 Service pensionable without election

2.  Teacher employed in a grant-aided school in Northern Ireland.

3.  Teacher employed in an institution of further or higher education in Northern Ireland.

4.  A peripatetic teacher employed by an education and library board in Northern Ireland.

5.  A teacher in a college of education as defined in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986.

6.  A person mentioned in paragraph 5 of Part 1 of Schedule 2 to the Teachers’ Superannuation Regulations (Northern Ireland) 1998(3) as in operation immediately before 1 April 2015.

7.  Subject to Part 1, a teacher employed in an accepted school.

PART 3 Service pensionable on election

8.  A teacher of a kind other than specified in Part 2 who—

(a) is employed by an education and library board and with the agreement of the Department and his employer, elects within 6 months of the commencement of his service; or

(b) is employed by a person or body in respect of whose expenditure for the purpose for which he is employed grants are made either by the Department or by an education and library board and, with the agreement of the Department and his employer, elects within 6 months of the commencement of his service, or

(c) a person mentioned in paragraph 7(c) of Part 2 of Schedule 2 to the Teachers’ Superannuation Regulations (Northern Ireland) 1998 as in operation immediately before 1 April 2015.

9.  An organiser who is employed as a youth and community worker, either by an education and library board for the purpose of its functions under Article 37 of the Education and Libraries (Northern Ireland) Order 1986 or by a body in respect of whose expenditure grants are made by an education and library board acting in the exercise of those functions, who is accepted by the Department for the purpose of this Schedule and who, with the consent of his employer, elects within 6 months of the commencement of his service.

10.  An organiser, not falling within paragraph 9, in the employment of—

(a) an education and library board; or

(b) a person or body other than an education and library board in respect of whose expenditure grants are paid by the Department; who is accepted by the Department for the purposes of this Schedule and who elects within 3 months of the commencement of his service; or

(c) an accepted school.

11.  In this Schedule—

“elects” means elects by notice in writing to the Department that the service mentioned shall be pensionable service; and

“organiser” means a person or employment which involves the performance of duties in connection with the provision of education or services ancillary to education.

(1)

S.I. 1996 No. 594 (N.I. 3) as amended by Article 30 of S.I. 1996 No. 274 (N.I. 1).

(2)

S.R. 1996 No.260 as amended by S.R. 2001 No. 149, S.R. 2003 No. 86, S.R. 2005 No. 495, S.R. 2006 No. 163 and S.R. 2007 No. 137.

(3)

S.R. 1998 No. 333, as amended by S.R. 2001 No. 149, S.R. 2003 No. 147, S.R. 2005 No. 181, S.R. 2005 No. 495, S.R. 2006 No. 163, S.R. 2006 No. 366, S.R. 2007 No. 137, S.R. 2008 No. 50, S.R. 2010 No. 137, S.R. 2012 No. 126, S.R. 2013 No. 54, S.R. 2014 No. 37 and S.R. 2014 No. 70.