The Teachers' Pensions Regulations 2010

PART 1 E+W+S Preliminary

Citation and commencement E+W+S

1.  These Regulations may be cited as the Teachers' Pensions Regulations 2010 and come into force on 1st September 2010.

Interpretation E+W+S

2.—(1) Schedule 1 contains a glossary of expressions.

(2) In these Regulations, unless the context otherwise requires, an expression listed in the left-hand column of Schedule 1 has the meaning in, or the meaning contained in the provision referred to in, the corresponding entry in the right-hand column.

Marriage of a same sex couple E+W+S

F1 2A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2A omitted (1.9.2019 with effect from 1.9.2010) by virtue of The Teachers' Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), regs. 1(1)(3), 6

Living together as a same sex couple E+W+S

F2 2B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 2B omitted (1.9.2019 with effect from 1.9.2010) by virtue of The Teachers' Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), regs. 1(1)(3), 6

[F3 Continuation of marriage where Scheme member acquires new legal gender E+W+S

2C.— (1) Where—

(a) a deceased Scheme member was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b) at the time of the member’s death, she was married to a woman and that marriage subsisted before the time when the certificate was issued,

the Scheme member’s widow is to be treated for the purpose of these Regulations as if the certificate had not been issued.

(2) Where—

(a) a deceased Scheme member was a man by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b) at the time of the member’s death, he was married to a man and that marriage subsisted before the time when the certificate was issued,

the Scheme member’s widower is to be treated for the purpose of these Regulations as if the certificate had not been issued.]

Textual Amendments

F3 Reg. 2C inserted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3061), art. 1(2), Sch. 1 para. 11(2)(4)

Meaning of “employer” in certain cases E+W+S

3.—(1) Where a teacher is employed by the governing body of a school maintained by a local authority, that authority is, for the purposes of these Regulations, treated as the employer of the teacher.

(2) But for the purpose of paragraph 2(2) of Schedule 4 (contributions for additional pensions) such a governing body is also treated as the employer of such a teacher.

Meaning of “further employment” E+W+S

4.—(1) A person (P) who re-enters pensionable employment after a retirement pension falling within paragraph (2) or a short-service serious ill-health grant becomes payable enters “ further employment” for the purpose of these Regulations.

(2) A retirement pension falls within this paragraph if—

(a) on the pension becoming payable, P had no reckonable service other than reckonable service previously used to calculate a benefit (including the pension), and

(b) the pension is not an ill-health pension.

(3) Paragraph (2)(b) does not apply if at the time when P enters the employment mentioned in paragraph (1)—

(a) where P is a pre-2007 entrant, P is at least 60, or

(b) where P is a person with mixed service or a 2007 or later entrant, P is at least 65.