The Teachers' Pensions Regulations 2010

Election for part-time employment before 1st May 1995 to be pensionableE+W+S

12.—(1) The employer of a person (P) may, by giving written notice to the Secretary of State, elect that a period of P's employment falling within paragraph (5) is to be pensionable.

(2) The election may relate to—

(a)the whole of the period of employment falling within paragraph (5), or

(b)a part of that period, ending on the day before the original election date, specified in the election.

(3) The election must—

(a)be made with the consent of P,

(b)contain a statement by the employer that—

(i)the employment falls within paragraph (5), and

(ii)the condition in paragraph (6) is satisfied.

(4) The election only has effect if—

(a)it is made before 1st September 2012, and

(b)P had, before 1st September 2010, elected that the period of the employment which fell after the original election date was to be pensionable.

(5) A period of P's employment falls within this paragraph if it is part-time employment on or after 8th April 1976 and before 1st May 1995—

(a)which was not pensionable employment, and

(b)which would have been pensionable employment if it had been full–time, but

(c)in respect of which P could not have elected (pursuant to regulations under SA 1972) for the employment to be pensionable.

(6) The condition in this paragraph is that the election under this regulation is made during the employment in question or within 6 months after the end of it.

(7) For the purpose of paragraph (6) where P is employed by the same employer on more than one successive contract of employment, the employment with that employer is not treated as having ended until the end of any stable employment relationship between that employer and P.

(8) For the purposes of paragraph (7) in any case where section 26 of the Further and Higher Education Act 1992 M1 applies to P, the transferor and the further education corporation are to be treated as the same employer (and where that section applies to P by virtue of an order under section 27 of that Act the transferor further education corporation and the transferee further education corporation are to be treated as the same employer).

(9) In paragraphs (10) to (13) “the necessary payment” is an amount determined by the Secretary of State, after taking advice from the scheme actuary, as representing the employee's contributions calculated on the basis of the “Public Sector Settlement Model” published by the Employment Tribunals Service in May 2003 M2.

(10) An employer making an election is to provide the Secretary of State with such information as the Secretary of State may reasonably require to calculate the necessary payment.

(11) Where the necessary payment is made to the Secretary of State in accordance with paragraph (12), the period of part-time employment specified in the election is to be treated as pensionable employment, except where paragraph (14) applies.

(12) The necessary payment is to be made in the manner and at the times specified in arrangements agreed between the Secretary of State and P or, in default of agreement, determined by the Secretary of State.

(13) Arrangements for making the necessary payment may include—

(a)payment of a lump sum or instalments,

(b)deduction of amounts from P's retirement lump sum,

(c)payment of additional monthly contributions,

(d)reduction of the retirement pension which would otherwise be payable to P, or

(e)deduction of amounts from interest on P's retirement lump sum or retirement pension.

(14) Where—

(a)the Secretary of State is satisfied (despite the statement by the employer referred to in paragraph (3)(b)) that the employment does not fall within paragraph (5) or that the condition in paragraph (6) is not satisfied, or

(b)the election does not have effect because paragraph (4)(b) does not apply

the election is to be treated as an election by P under regulation 10 (election of employment to be pensionable) and the conditions in paragraph (1)(a) to (c) of regulation 11 (backdating elections for employment to be pensionable) are to be treated as satisfied.

(15) In this regulation “the original election date” means the first date on which P could have elected (pursuant to regulations under SA 1972) that the employment was to be pensionable.