The Teachers' Pensions Regulations 2010

Employment not pensionable: general E+W+S

7.—(1) A person is not in pensionable employment—

(a) before the person has reached the age of [F1 16], or

(b) after the person has reached the age of 75.

(2) An employment is not pensionable employment unless the person (P) in that employment is entitled to be paid—

(a) P's salary in full, or

(b) where P is on sick leave or on adoption, maternity, parental [F2 , [F3 shared parental [F4 , parental bereavement] or] paternity F5 ...] leave, not less than half P's salary, or

(c) statutory adoption, maternity or paternity pay F6 ... [F7 statutory shared parental pay or statutory parental bereavement pay].

[F8 (3) The employment of a person who makes an election under regulation 9 (election for employment not to be pensionable) in respect of that employment is not pensionable while the election has effect.]

(4) Where a person with a financial interest in an accepted school [F9 or an accepted phased withdrawal school] is in employment as a teacher in that school, that employment is not pensionable employment.

(5) For the purpose of paragraph (4) a “financial interest” does not include the right to receive a salary.

(6) Where a person who immediately before 1st September 2010 was in part-time employment which was not pensionable by virtue of regulation B1(4) of TPR 1997 continues in the same employment, that employment is not pensionable employment.

[F10 (7) Paragraph (6) ceases to apply if—

(a) the person makes an election under regulation 10 (election for employment to be pensionable) by reason of falling within sub-paragraph (c) of paragraph (2) of that regulation;

(b) the person enters other employment which is pensionable employment;

(c) the person’s employer makes arrangements under section 3(2) (automatic enrolment) or section 5(2) (automatic re-enrolment) of PA 2008 in respect of that employment; or

(d) the person’s employer is an accepted employer and makes arrangements under a Participation Agreement in respect of that employment.]

(8) Where a person who immediately before 1st September 2010 was in employment which was not pensionable by virtue of regulation B1(5A) of TPR 1997 continues in the same employment, that employment is not pensionable employment.

[F11 (9) Paragraph (8) ceases to apply if—

(a) the person makes an election under regulation 10(1) (election for employment to be pensionable) by reason of falling within sub-paragraph (d) of paragraph (2) of that regulation;

(b) the person enters pensionable employment;

(c) the person’s employer makes arrangements under section 3(2) (automatic enrolment) or section 5(2) (automatic re-enrolment) of PA 2008 in respect of that employment; or

(d) the person’s employer is an accepted employer and makes arrangements under a Participation Agreement in respect of that employment.]

(10) A person—

(a) who is in part-time employment in a capacity mentioned in Schedule 2,

(b) to whom a teacher's pension became payable under regulation E4(6) of TSR 1988 on or before 31st March 1997,

(c) to whom the pension remains payable (including a case where the annual rate of the pension has been reduced to zero under these Regulations) because the person does not fall within regulation 68(2), and

(d) who has not reached the age of 60

is not in pensionable employment.

(11) Where a person is at the same time—

(a) in full-time pensionable employment, and

(b) in part-time employment in a capacity mentioned in Schedule 2 or in part-time employment which apart from this paragraph is pensionable by virtue of regulation 6(4) or (5),

the part-time employment is not pensionable employment.

(12) In these Regulations “excluded employment” means employment which is not pensionable employment by virtue of—

(a) paragraph (3);

(b) paragraph (6);

(c) paragraph (8).

Textual Amendments

F1 Word in reg. 7(1)(a) substituted (1.10.2012) by The Teachers’ Pensions (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2270), regs. 1, 4(a)

F2 Words in reg. 7(2)(b) substituted (1.4.2011) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/614), reg. 1, Sch. 2 para. 1(1)(2)

F3 Words in reg. 7(2)(b) inserted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 22(2)(a)(i)

F4 Words in reg. 7(2)(b) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 20(2)(a)

F5 Words in reg. 7(2)(b) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 22(2)(a)(ii) (with art. 35(1))

F6 Words in reg. 7(2)(c) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 22(2)(b)(i) (with art. 35(1))

F7 Words in reg. 7(2)(c) substituted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 20(2)(b)

F8 Reg. 7(3) substituted (1.10.2012) by The Teachers’ Pensions (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2270), regs. 1, 4(b)

F9 Words in reg. 7(4) inserted (1.8.2021) by The Teachers’ Pensions (Miscellaneous Provisions) (Amendment) Regulations 2021 (S.I. 2021/805), regs. 1, 4

F10 Reg. 7(7) substituted (1.4.2014) by The Teachers’ Pensions (Amendment) Regulations 2014 (S.I. 2014/424), regs. 1, 3(1)

F11 Reg. 7(9) substituted (1.4.2014) by The Teachers’ Pensions (Amendment) Regulations 2014 (S.I. 2014/424), regs. 1, 3(2)