The Teachers’ Pensions Regulations 2010

12.  In regulation 3

(a) in paragraph (3) for “1 (as read with regulation 10 of the School Standards and Framework Act 1998 (Modification) Regulations 1998, 1A, 4. 6, 7” substitute “1 or 6”

(b) for paragraph (4)(1) substitute—

“(4) Relevant employment is also employment as a teacher by a function provider in connection with the performance of a function in respect of which the function provider is accepted in accordance with regulation 14 of the 2010 Regulations.”.

(c) after paragraph (4) insert—

“(4A) Employment is also relevant employment where a person who has made an election under regulation B1A(4)(2) of the Teachers’ Pensions Regulation 1997 (provisions for certain organisers) remains employed by —

(a) a local authority, or

(b) a function provider in connection with the performance of a function in respect of which the function provider is accepted in accordance with regulation 14 of the Pensions Regulations (accepted function providers)

to undertake the same, or substantially the same, functions as the person was undertaking immediately before the date of the election, under either the same contract of employment or under a contract of employment which has effect by virtue of regulation 4 of the Transfer of Undertakings (Protection of Employment) Regulations 2006.”.

(d) in paragraph (5)—

(i) for “that Schedule” substitute “Schedule 2 to the Pensions Regulations”, and

(ii) omit sub-paragraph (a), and

(e) for paragraph (7)(c) substitute—

“(c) category C comprises relevant employment as a teacher by a function provider in connection with the performance of a function in respect of which the function provider is accepted in accordance with regulation 14 of the Pensions Regulations. ”.

(1)

Regulation 3(4) was substituted by S.I. 2000/664

(2)

Regulation B1A was inserted by S.I. 2004/587