The Teachers' Pensions Regulations 1997

Election for employment not to be pensionable

B5.—(1) A person who—

(a) is in pensionable employment, or

(b) is not in pensionable employment but expects to enter an employment which would otherwise be pensionable employment,

may, at any time, by giving written notice to the Secretary of State, make an election under this regulation.

(2) As from the date from which the election has effect—

(a) where paragraph (1)(a) applies, the person ceases to be in pensionable employment for all purposes of these Regulations, and

(b) in any case, subject to regulation B6, no subsequent employment of his is pensionable employment.

(3) Where paragraph (1)(a) applies, an election under this regulation—

(a) if the notice is given within 3 months after the start of the person’s pensionable employment, has effect as from the first day of his pensionable employment, and

(b) in any other case, has effect from the first day of the month after that in which the notice was given.

(4) Where paragraph (1)(b) applies, the election has effect as from the day before that on which the person first enters any such employment as is there mentioned.