The Teachers’ Pensions etc. (Reform Amendments) Regulations 2006

Election in respect of protected benefits

4.—(1) In this regulation—

“the 1994 Regulations” means the Teachers’ Superannuation (Additional Voluntary Contributions) Regulations 1994,

“the 1997 Pensions Regulations” means the Teachers’ Pensions Regulations 1997.

(2) This regulation applies to a person—

(a) to whom a protected benefit is being paid or may become payable, and

(b) who is placed in a worse position than he would have been if a provision made by these Regulations had not applied in relation to the protected benefit.

(3) A protected benefit is one which is being paid, or may become payable, under the 1994 Regulations or the 1997 Pensions Regulations to, or in respect of, a person who was employed in qualifying employment but ceased to be employed, or died, before 1st January 2007.

(4) A person to whom this regulation applies may, by giving written notice to the Secretary of State before 1st April 2007, elect that the relevant provision shall not apply in relation to the protected benefit.

(5) If the election under paragraph (4) is made in relation to the benefit of a person who is in pensionable employment or subsequently becomes re-employed in pensionable employment—

(a) the election shall have effect in relation to the benefit only to the extent that it accrues or has accrued by virtue—

(i) of periods of reckonable service before the cessation referred to in paragraph (3) (or, if there has been more than one cessation, the last of them before 1st January 2007), or

(ii) of contributions paid in respect of such periods of reckonable service, and

(b) in determining entitlement to, or the amount of, the benefit to that extent he shall be treated as if he had never re-entered pensionable employment again at any time after the cessation referred to in paragraph (3) (but without prejudice to the application of this paragraph),

and the 1994 Regulations and the 1997 Pensions Regulations shall apply accordingly.

(6) In paragraph (3) “qualifying employment”, in relation to the 1994 Regulations, means pensionable employment within the meaning of those regulations and, in relation to the 1997 Regulations, means pensionable employment or excluded employment within the meaning of those regulations.