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B2.—(1) Subject to paragraph (2) and regulations B5 to B7, a person who has at any time made an election for the purposes of this regulation is in pensionable employment while he is a part-time employee who—
(a)is employed in a capacity described in paragraphs 1 to 7, 14 or 16 of Schedule 2 and satisfies every condition, and is not within any exception, specified in Schedule 2 in relation to employment in that capacity, or
(b)is employed by a local education authority to provide either primary or secondary education otherwise than at school, in pursuance of section 56 of the Education Act 1944(1) or section 3 of the Education Act 1981(2), or
(c)is employed by a local education authority to provide further education at a prison, remand centre, detention centre, Borstal institution or attendance centre within the meaning of the Prison Act 1952(3), or
(d)is employed as a teacher or organiser by the Christian Education Movement, or
(e)would be in pensionable employment by virtue of regulation B4 (accepted schools) if his employment were full-time.
(2) A person is not in pensionable employment by virtue of paragraph (1) while—
(a)he is or is deemed to be a pensionable employee within the meaning of the Local Government Superannuation Regulations 1986(4), or
(b)he is entitled to be paid a teacher’s pension.
(3) An election for the purposes of this regulation—
(a)may be made at any time by giving written notice to the Secretary of State, and
(b)unless the Secretary of State specifies an earlier date, has effect from the first day of the month following that in which he notifies the person making it of its acceptance.
1944 c. 31; section 56 was amended by the Education (Miscellaneous Provisions) Act 1948 (c. 40), Schedule 1, Part I.
S.I. 1986/24; relevant amendments were made by S.I. 1986/380, 1987/293.
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