The Teachers' Pensions Regulations 2010

24.—(1) This paragraph applies where— E+W+S

(a) the person paying the contributions (P) falls within paragraph 22(1)(a) or (b),

(b) part of the payment period falls after P's relevant birthday,

(c) the Secretary of State is satisfied that the declaration under paragraph 11(b) or any declaration under paragraph 20(2)(b) (where applicable) was made in good faith, and

(d) a phased retirement lump sum became payable to P before the family benefit contributions ceased to be payable.

(2) Where this paragraph applies—

(a) P may, by giving written notice to the Secretary of State within 3 months after the end of P's pensionable employment, elect to pay a lump sum which is the actuarial equivalent of the contributions that would have been payable during that part of the payment period which falls after P's relevant birthday,

(b) if P does so elect, on payment of the lump sum, contributions are to be treated as having been paid in respect of the whole of the period in respect of which the original election was made, and

(c) if P does not so elect contributions are to be treated as having been paid in respect of D x E/F, where—

D is the period of non-qualifying service in respect of which the original election was made,

E is the period starting at the beginning of the payment period and ending on P's relevant birthday, and

F is the payment period.

(3) In this paragraph P's “relevant birthday” is P's 60th birthday where P is a pre-2007 entrant or P's 65th birthday where P is a person with mixed service.