The Teachers' Pensions (Amendment) Regulations 2004

Amendment of the Teachers' Pensions Regulations 1997

4.  After regulation B1 insert the following—

“Provision for certain organisers

B1A.— (1) Subject to paragraph (2), a person

(a) who was employed as an organiser by a local education authority or an accepted function provider on or after 1st January 1977 in employment which was not pensionable employment,

(b) in respect of whom there has been paid to the Secretary of State, in respect of a period or periods of such employment, an amount equivalent to the amount which should have been paid as contributions under Parts C and G (and under equivalent provisions in the 1976 and 1988 Regulations, if relevant) if that person had been in pensionable employment, and

(c) who would, or would have, become entitled either before 31st July 2004 or, in the case of a person who ceased prior to 10th December 2003 to be so employed, on or after 31st July 2004 to payment of any benefit under these Regulations (or the 1976 or 1988 Regulations, if relevant) if that period or those periods had been pensionable employment

is deemed to be, or to have been, entitled to payment of an amount or amounts equivalent to the benefits to which he would be, or would have been, entitled under these Regulations (or the 1976 or 1988 Regulations, if relevant) as if that period or those periods had been pensionable employment.

(2) If a person to whom paragraph (1) would otherwise apply either expressly or by his conduct indicates that he does not wish it to apply to him, then it shall not so apply.

(3) A person

(a) who was employed as an organiser by a local education authority or an accepted function provider on or after 1st January 1977 in employment which was not pensionable employment, and

(b) in respect of whom the Secretary of State pays, or has paid, before 31st July 2004 an amount, in respect of a period or periods of such employment, equivalent to the amount which should be, or have been, paid as a transfer value or cash equivalent under Part F (or under the equivalent provisions of the 1976 or 1988 Regulations, if relevant) or otherwise if that person had been in pensionable employment and entitled to payment of a transfer value

is deemed to have been entitled to payment of that amount.

(4) This paragraph applies to a person

(a) who is not a person to whom paragraph (1) or (3) applies,

(b) who prior to 10th December 2003 was employed as an organiser by a local education authority or an accepted function provider in employment which was not, apart from this regulation, pensionable employment,

(c) in respect of whom there has been paid to the Secretary of State, in respect of a period or periods of such employment, an amount equivalent to the amount which should have been paid as contributions under Parts C and G (and under equivalent provisions in the 1976 and 1988 Regulations, if relevant) if that person had been in pensionable employment, and

(d) who makes an election by 31st July 2004 in a form to be specified by the Secretary of State for that period or those periods to be pensionable employment.

(5) In the case of a person to whom paragraph (4) applies, subject to regulations B1(5) and B4, the period or periods of employment referred to in paragraph (4)(d) shall be deemed to have been pensionable employment for the purpose of these Regulations.

(6) This paragraph applies to a person

(a) to whom paragraph (4) applies, and

(b) who remains employed as an organiser by a local education authority or accepted function provider to undertake the same, or substantially the same, functions as he was undertaking immediately prior to the date of the election referred to in paragraph (4)(d) under either the same contract of employment or a contract of employment which has effect by virtue of regulation 5 of the Transfer of Undertakings (Protection of Employment) Regulations 1981(1).

(7) A person to whom paragraph (6) applies is

(a) subject to regulations B1(5), B4 and B5, in pensionable employment, and

(b) in relevant employment under category B (if employed by a local education authority) or C (if employed by an accepted function provider) for the purpose of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997(2).

(8) Upon paragraph (6) ceasing to apply to a person, he shall cease to be in pensionable employment and in relevant employment for the purpose of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 by virtue of this regulation.”.

(1)

S.I. 1981/1794; regulation 5 was amended by the Trade Union Reform and Employment Rights Act 1993 (c. 19).

(2)

S.I. 1997/311, amended by S.I. 1998/2256, S.I. 1999/608 and S.I. 2000/664.