The Teachers’ Pensions Regulations 2010

Meaning of “qualified for retirement benefits”

54.—(1) A person (T) is “qualified for retirement benefits” for the purpose of these Regulations if T satisfies any of Conditions 1 to 6.

(2) But T is not “qualified for retirement benefits” if T has been in further employment.

(3) Condition 1 is that immediately before 1st September 2010 T was qualified for retirement benefits under regulation E3(1)(a) or (b) of TPR 1997.

(4) Condition 2 is that—

(a)(i)T was in pensionable employment on 6th April 1988 or paying contributions under regulation 30 of TSR 1976 on that date, or

(ii)T entered pensionable employment for the first time after 6th April 1988, and

(b)T has retirement benefits qualification service of at least 2 years.

(5) Condition 3 is that—

(a)(i)T was in pensionable employment on 6th April 1988 or paying contributions under regulation 30 of TSR 1976 on that date, or

(ii)T re-entered pensionable employment after 6th April 1988, having previously been in such employment, and

(b)(i)T has retirement benefits qualification service of at least 2 years attributable to a period of employment after 5th April 1988, or

(ii)the sum of T’s retirement benefits qualification service attributable to a period of employment after 5th April 1988 and of the periods mentioned in Schedule 9 of TSR 1988 attributable to a period of T’s employment before 6th April 1988 amounts to at least 5 years.

(6) For the purpose of Condition 3, any period of employment in respect of which the Secretary of State accepted a transfer value when T re-entered pensionable employment after 5th April 1988 is to be treated as taking place after that date.

(7) Paragraph (6) does not apply to—

(a)a period of comparable British service, or

(b)a period of employment pensionable under the National Health Service Pension Scheme Regulations 1995(1) in respect of which a transfer value was accepted in accordance with arrangements made for a person to whom Part 6 of Schedule 10 to TPR 1997 (which continues to have effect by virtue of paragraph 26 of Schedule 13) applies.

(8) Condition 4 is that—

(a)T has a guaranteed minimum in relation to benefits under these Regulations, and

(b)the Secretary of State has not paid a contributions equivalent premium in respect of T.

(9) Condition 5 is that the Secretary of State—

(a)paid a cash equivalent or a transfer value in respect of T to the pension scheme of the Commission of the European Communities, and

(b)has since accepted a transfer value from that scheme in respect of T.

(10) Condition 6 is that the Secretary of State has accepted a transfer value in respect of T’s rights under a personal pension scheme.