The Teachers’ Pensions (Miscellaneous Amendments) Regulations 2011

Election to pay contributions by a person serving in a reserve force

2.  For regulation 19(8) to (10), substitute—

“(8) Subject to paragraph (9), the notional salary of a person who makes an election under this regulation is the amount which would have been the person’s contributable salary if pensionable employment had not ceased and the person had continued to be employed in the same post and on the same terms increased on 1st April following the beginning of the period specified in paragraph (3) and on each subsequent 1st April during that period by (RI-RE)/RE, where—

(a) RI is the retail prices index for the March immediately preceding the April in which the increase occurs, and

(b) RE is the retail prices index for the month in which the period began.

(9) From 2nd April 2011, the notional salary of a person who makes an election under this regulation is the amount specified in paragraph (10) increased by the amount (if any) by which it would have been increased if it had been an official pension within the meaning of section 5(1) of PIA 1971(1) beginning, and first qualifying for increases under that Act, on the later of—

(a) 2nd April 2011, and

(b) the day after the day on which the pensionable employment ceased.

(10) The amount is—

(a) in relation to an election made under this regulation on or before 1st April 2011, the notional salary calculated under paragraph (8) including the increase made on 1st April 2011, or

(b) in relation to an election made under this regulation after 1st April 2011, the person’s contributable salary immediately before the pensionable employment ceased.”.

(1)

Schedule 1 to the Teachers’ Pensions Regulations 2010 provides that “PIA 1971” means the Pensions (Increase) Act 1971 (1971 c. 56). Orders providing for increases to official pensions are made by the Treasury under section 59 of the Social Security Pensions Act 1975 (1975 c. 60). Under section 59(7) of that Act, section 59 has effect as if it were contained in the Pensions (Increase) Act 1971.