PART 7Benefits for teachers
CHAPTER 4Phased retirement and retirement benefits
Retirement benefits60.
(1)
A person (P) falls within this paragraph if P satisfies either the condition for retirement or the condition for retirement following further employment.
(2)
P satisfies the condition for retirement if—
(a)
P is qualified for retirement benefits, and
(b)
a Case applies to P's reckonable service or, if P is a person with mixed service, to part of P's reckonable service.
(3)
P satisfies the condition for retirement following further employment if—
(a)
P is qualified for retirement benefits following further employment,
(b)
a Case applies to P's reckonable service or, if P is a person with mixed service, to part of P's reckonable service,
(c)
where P is under 75, P makes an application under regulation 107 (payment of benefits on application to Secretary of State) for benefits under this regulation, and
(d)
after making the application, P does not re-enter pensionable employment before the day which would be the entitlement day if P were to satisfy the condition for retirement following further employment.
(4)
A retirement pension is payable to a person (P) who falls within paragraph (1) from the entitlement day.
(5)
Except as otherwise provided in these Regulations, the pension is payable for life.
(6)
Where P is a pre-2007 entrant or a person with mixed service, a retirement lump sum is payable to P on the entitlement day, but this paragraph is subject to regulation 124 (general prohibition on unauthorised payments).
(7)
The annual rate of the retirement pension and the amount of any retirement lump sum are to be calculated in accordance with regulations 61 (annual rate of phased retirement and retirement pension) and 62 (amount of phased retirement and retirement lump sum).
(8)
The entitlement day is the entitlement day for the Case which applies to P's reckonable service.
(9)
If P is a person with mixed service and Case A applies to P's NPA 60 reckonable service and another Case applies to P's NPA 65 reckonable service—
(a)
the entitlement day for that part of P's retirement pension mentioned in regulation 61(5)(a), (c) and (d) (annual rate of phased retirement and retirement pension) and for P's retirement lump sum is the entitlement day for Case A, and
(b)
the entitlement day for that part of P's retirement pension mentioned in regulation 61(5)(b) is the entitlement day for the Case which applies to P's NPA 65 service.
(10)
Schedule 7 (retirement benefits) has effect for the purpose of determining whether a Case applies to P's reckonable service and, if so, the entitlement day for the Case.
(11)
In these Regulations references to a Case followed by a letter are references to the relevant case as specified in Schedule 7.