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The Teachers' Pensions Regulations 1997

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Additional contributions for past period

C4.—(1) This regulation applies to a person who—

(a)is in pensionable employment, and

(b)first became employed in pensionable employment, or has been credited with reckonable service on the acceptance of a transfer value in respect of comparable British service that began, before he attained the age of 55, and

(c)has not become entitled to payment of retirement benefits under regulation E4(2) or (3).

(2) Subject to paragraphs (4) to (7) and (9), a person to whom this regulation applies may elect to pay additional contributions in accordance with—

(a)Part I of Schedule 4 (“Method A”), or

(b)Part II of Schedule 4 (“Method B”),

in order to become entitled to count an additional period (“the past period”) as reckonable service.

(3) Subject to paragraphs (4) to (6), (8) and (9), the employer of a person to whom this regulation applies may elect to pay additional contributions in respect of the person in accordance with Part II of Schedule 4.

(4) The past period must not exceed the maximum calculated in accordance with Schedule 3, and—

(a)must have begun after the person attained the age of 20,

(b)must have ended—

(i)before the person attained the age of 60,

(ii)before the date of the election, and

(iii)if the person has become entitled to payment of retirement benefits by virtue of regulation E4(5) (redundancy, etc), before the relevant termination of employment.

(c)must be one during which the person was not in full-time pensionable employment, unless—

(i)contributions in respect of the period have been repaid after 31 May 1973, or

(ii)the right to count reckonable service in respect of it has been extinguished by payment of a transfer value.

(d)if payment is to be made by Method A, must satisfy paragraph 2 of Schedule 4, and

(e)unless payment is to be made by Method B and notice of the election is given no earlier than the date of applying for payment of retirement benefits, must be a period of not less than 30 days.

(5) Where payment is to be made by Method A, the period during which additional contributions are to be paid (“the contribution period”) must satisfy paragraph 2 of Schedule 4.

(6) An election under this regulation may be made at any time.

(7) An election under paragraph (2) must be made by giving written notice to the Secretary of State, which—

(a)is to specify the past period,

(b)is to specify the method by which payment is to be made,

(c)where payment is to be made by Method A, is to specify the length of the contribution period, and

(d)where payment is to be made by Method A, is to contain a declaration that the person has no reason to believe that his health may prevent him from continuing in pensionable employment until payment has been completed.

(8) An election under paragraph (3) must be made by giving written notice to the Secretary of State which—

(a)is to specify the person in respect of whom it is made, and

(b)is to specify the past period.

(9) An election under this regulation has effect only if the Secretary of State notifies the person making it in writing that it has been accepted.

(10) Where the Secretary of State has notified the person in writing that his election under this regulation has been accepted, the person may at any time revoke the election by giving written notice to the Secretary of State but, in the case of such election being so revoked, any additional contributions paid up to that time are not to be refunded.

(11) A revocation of an election under this regulation has effect only if the Secretary of State notifies the person in writing that it has been accepted.

Yn ôl i’r brig

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