The Teachers' Pensions Regulations 2010

Election for employment not to be pensionable E+W+S

9.— [F1 (1) A person may make an election under this regulation in respect of a particular pensionable employment by giving written notice to the employer.]

(2) An election has effect from the first day of the month after the month in which the notice is given.

[F2 (3) But—

(a) if the notice is given within 3 months after the start of employment in a capacity mentioned in Schedule 2, the election has effect from the first day of that employment; and

(b) if the notice is given within 3 months after the date on which arrangements made by the employer under section 3(2) (automatic enrolment) or section 5(2) (automatic re-enrolment) of PA 2008 have effect in respect of that employment, the election has effect from that date.]

[F3 (4) An election ceases to have effect from the [F4 earliest] of—

(a) the date on which an election under regulation 10 (election for employment to be pensionable) has effect; and

(b) the date on which arrangements made by the employer under section 3(2) (automatic enrolment) or section 5(2) (automatic re-enrolment) of PA 2008 have effect in respect of the employment] [F5 ; and

(c) a subsequent fair deal transfer date in relation to service in the employment.]

Textual Amendments

F1 Reg. 9(1) substituted (1.10.2012) by The Teachers’ Pensions (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2270), regs. 1, 6(a)

F2 Reg. 9(3) substituted (1.10.2012) by The Teachers’ Pensions (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2270), regs. 1, 6(b)

F3 Reg. 9(4) substituted (1.10.2012) by The Teachers’ Pensions (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2270), regs. 1, 6(c)

F4 Word in reg. 9(4) substituted (1.4.2014) by The Teachers’ Pensions (Amendment) Regulations 2014 (S.I. 2014/424), regs. 1, 4(a)

F5 Reg. 9(4)(c) and word inserted (1.4.2014) by The Teachers’ Pensions (Amendment) Regulations 2014 (S.I. 2014/424), regs. 1, 4(b)