PART BPENSIONABLE EMPLOYMENT

Resumption of pensionable statusB7

1

Subject to paragraphs (5) and (6), a person who has made an election under regulation B6, who has since been in employment which would otherwise have been pensionable employment (“excluded employment”), and who—

a

is in excluded employment, or

b

is not in, but expects to enter, excluded employment,

may at any time, by giving written notice to the Secretary of State, make an election under this regulation.

2

As from the date on which the election has effect, subject to regulation B6 any employment on and after that date which would otherwise have been excluded employment is pensionable employment.

3

Where paragraph (1)(a) applies, an election under this regulation—

a

if the notice is given within 3 months after the start of any period of excluded employment, has effect as from the first day of that employment, and

b

in any other case, has effect from the first day of the month after that in which the notice was given.

4

Where paragraph (1)(b) applies, the election has effect as from the day before that on which the person first enters any excluded employment.

5

If a person who has made an election under this regulation makes a further election under regulation B6, he may make a further election under this regulation only if, since he made the further election under regulation B6, there has been a qualifying period during which he was not in any excluded employment.

6

Unless the Secretary of State approves a shorter period in the particular case, a qualifying period is one of not less than 5 years.

7

An election made under regulation 11 of the Teachers' Superannuation (Miscellaneous Provisions) (No. 2) Regulations 1988 is to be treated as having been made under this regulation.