The Teachers’ Pensions Regulations 2010

Calculation of retirement benefits after ill-health pension ceases to be payable: supplemental

71.—(1) This regulation applies where regulation 70(4)(b) applies.

(2) In this regulation—

(a) “P’s assumed pensionable employment end date” means the earlier of—

(i) the date on which the pensionable employment of a person (P) would have ended if the further employment in respect of which the pension is payable had begun on the date when P fell within Case C in regulation E4 of TPR 1997 (as a result of which the previous pension became payable), and

(ii) P’s 60th birthday,

(b) P’s “relevant service” is so much of P’s reckonable service as does not consist of periods—

(i) set out in sub-paragraphs (c) or (d) of regulation 41(1) (past added years), or

(ii) which count as reckonable service by virtue of the application to P of regulation 7 of TPR 1976 (war service), and

(c) “the previous pension” is the previous pension referred to in regulation 70(1)(a).

(3) For the purposes of this regulation, P is treated as having been in pensionable employment during any period during which P was paying contributions under regulation C9 of TPR 1997 or under regulation 19.

(4) P’s reckonable service is treated as having been increased by the period specified in paragraph (4) or paragraph (5) (as appropriate) but this is subject to regulation 42(d) (limitation of reckonable service to 45 years).

(5) If P’s relevant service is less than 10 years the period is the shorter of—

(a) the length of relevant service, and

(b) the period beginning on P’s assumed pensionable employment end date and ending immediately before P’s 65th birthday.

(6) If P’s relevant service is 10 years or more, the period is the longer of period A and period B.

(7) Period A in paragraph (6) is the shortest of—

(a) the period by which P’s relevant service falls short of 40 years,

(b) the period beginning on P’s assumed pensionable employment end date and ending immediately before P’s 60th birthday, and

(c) 6 years and 243 days.

(8) Period B in paragraph (6) is so much of the period beginning on P’s assumed pensionable employment end date and ending immediately before P’s 65th birthday as would not cause P’s reckonable service to be increased to more than 20 years.

(9) Where P is a person with relevant mixed service the increase in P’s reckonable service arising from this regulation is to be treated, for the purpose of regulation 48 (person with mixed service: meaning and normal pension age), as having occurred after the disqualifying break.

(10) In paragraph (9) P is a person with relevant mixed service where—

(a) the previous pensionable employment (which gave rise to the ill-health pension referred to in regulation 68 or 69) ceased before a disqualifying break, and

(b) P’s re-entry into pensionable employment referred to in regulation 70(1)(c) occurred after that disqualifying break.