The Teachers' Pensions (Amendment) Regulations 2000

Amendment of Principal Regulations

17.  In regulation E4–

(a) after paragraph (5) there shall be inserted the following paragraphs–

“(5A) In case E the person–

(a) has attained the age of 55,

(b) has ceased on or after 30th March 2000 and before attaining the age of 60 to be in pensionable employment or excluded employment, and

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

and the conditions specified in paragraph (5B) are satisfied.

(5B) Those conditions 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 (otherwise than by virtue of regulation B7) 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.”.

(b) after paragraph (9) there shall be inserted the following paragraph–

“(9A) In Case E 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.”.