The Teachers' Superannuation (Scotland) Regulations 1993

Exclusion from pensionable employment

B5.—(1) A teacher is not in pensionable employment unless aged at least 16 and under 70 and–

(a) entitled to be paid his salary in full;

(b) on sick leave and entitled to be paid not less than half his salary; or

(c) on maternity leave and entitled to receive statutory maternity pay (whether as a constituent part of her income or as her sole income).

(2) A person is not in pensionable employment while he is in an employment which immediately before the date on which these Regulations come into force was, by virtue of regulation 6(1)(a) of the 1977 Regulations (employments treated as not being reckonable service by previous provisions), not pensionable employment.

(3) Subject to paragraph (4), a person who–

(a) immediately before the date on which these Regulations come into force was in; or

(b) not more than 12 months before that date had ceased to hold,

• an employment which by virtue of regulation 6(2) of the 1977 Regulations (employments superannuable under section 7 or 8 of the Superannuation Act 1972) was not pensionable employment and who has made no election under regulation 6(2)(c) of the 1977 Regulations, is not in pensionable employment.

(4) Within 3 months after the start of an employment to which paragraph (2) applies the teacher may, by giving written notice to the Secretary of State and to the appropriate administering authority within the meaning of the Local Government Superannuation (Scotland) Regulations 1987, elect that paragraph (3) is to cease to apply.