The Teachers' Pensions Regulations 2010

PART 5 E+W+S Other provisions

Reckonable service E+W+S

21.  Despite the revocation of TPR 1997, Schedule 7 to those Regulations continues to have effect for the purpose of calculating a person's reckonable service under regulation 41(1)(d).

Further employment commencing before 1st April 1997 E+W+S

22.  Despite the revocation of TPR 1997, regulation E15(1)(a), (2), (3) and (7) to (9) continues to have effect for the purpose of calculating benefits under Parts 7 (benefits for teachers) and 9 (family benefits) in respect of a person who—

(a) became entitled to benefits under regulation E4(2), E4(3) or E4(5) of TPR 1997, and

(b) subsequently entered further employment before 1st April 1997.

Restriction on average salary: retirement benefits payable on 1st September 2010 E+W+S

23.  Where—

(a) retirement benefits become payable to a person on 1st September 2010, and

(b) the person was in pensionable employment or excluded employment immediately before retirement benefits became payable,

regulations 26 and 39 do not apply but the following provisions of TPR 1997 apply (despite the revocation of TPR 1997)—

(i) regulation E31(11) to (14);

(ii) regulation G8(2) to (8);

(iii) regulation H6.

Actuarial Review E+W+S

24.—(1) The revocation of regulation G4 of TPR 1997 does not affect the obligation on the Government Actuary to make the review referred to in that regulation in relation to the account as at 31st March 2008 (insofar as that review has not been completed by the commencement date).

(2) If such a review is completed after the commencement date it is to be treated as made under regulation 128.

National Insurance modification of pensions E+W+S

25.  Despite the revocation of TPR 1997 Part 1 of Schedule 10 to those Regulations continues to have effect.

Person formerly members of the National Health Service Pension Scheme E+W+S

26.  Despite the revocation of TPR 1997 Part 6 of Schedule 10 to those Regulations continues to have effect in relation to persons to whom that Schedule applied before the commencement date.

Supplemental E+W+S

27.  Any provision of TPR 1997 which is referred to in—

(a) the paragraphs of regulation E15 of TPR 1997 mentioned in paragraph 22,

(b) the regulations referred to in paragraph 23, and

(c) Parts 1 or 6 of Schedule 10 to those Regulations (mentioned in paragraphs 25 and 26)

(“the cross-referenced provision”) and which is revoked and re-enacted by these regulations has effect, in relation to any time after the commencement date, as a reference to the provision in these Regulations corresponding to the cross-referenced provision.