The Teachers' Superannuation (Amendment) Regulations 1995

3.  For regulation B1 there shall be substituted the following regulation—

“Employment—general

B1.— (1) Subject to paragraphs (2) to (5) and regulations B5 to B7, a person is in pensionable employment while he is in employment in a capacity described in Schedule 2 and satisfies every condition, and is not within any exception, specified in Schedule 2 in relation to employment in that capacity.

(2) Employment in a capacity in Part II of Schedule 2 is not pensionable unless the person has elected that it is to be so.

(3) Except in the case of employment in a capacity described in paragraph 14, 16, 21, 22 or 24 of Schedule 2, an election for the purposes of paragraph (2) may not be made without the consent of the employer.

(4) A person who is in part-time employment is not in pensionable employment unless he has at some time made an election for the purposes of this paragraph.

(5) A person who is in part-time employment is not in pensionable employment while—

(a) he is a member of the occupational pensions scheme constituted by the Local Government Pension Scheme Regulations 1995(1), or

(b) he is entitled to be paid a teacher’s pension.

(6) 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) has effect from the first day of the month following that in which the Secretary of State notifies the person making it of its acceptance, unless the Secretary of State specifies an earlier date.”.

(1)

S.I. 1995/1019.