Election for employment not to be pensionableE+W+S
9.—[F1(1) A person may make an election under this regulation in respect of a particular pensionable employment by giving written notice to the employer.]
(2) An election has effect from the first day of the month after the month in which the notice is given.
[F2(3) But—
(a)if the notice is given within 3 months after the start of employment in a capacity mentioned in Schedule 2, the election has effect from the first day of that employment; and
(b)if the notice is given within 3 months after the date on which arrangements made by the employer under section 3(2) (automatic enrolment) or section 5(2) (automatic re-enrolment) of PA 2008 have effect in respect of that employment, the election has effect from that date.]
[F3(4) An election ceases to have effect from the [F4earliest] of—
(a)the date on which an election under regulation 10 (election for employment to be pensionable) has effect; and
(b)the date on which arrangements made by the employer under section 3(2) (automatic enrolment) or section 5(2) (automatic re-enrolment) of PA 2008 have effect in respect of the employment] [F5; and
(c)a subsequent fair deal transfer date in relation to service in the employment.]
Textual Amendments
F1Reg. 9(1) substituted (1.10.2012) by The Teachers’ Pensions (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2270), regs. 1, 6(a)
F2Reg. 9(3) substituted (1.10.2012) by The Teachers’ Pensions (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2270), regs. 1, 6(b)
F3Reg. 9(4) substituted (1.10.2012) by The Teachers’ Pensions (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2270), regs. 1, 6(c)
F4Word in reg. 9(4) substituted (1.4.2014) by The Teachers’ Pensions (Amendment) Regulations 2014 (S.I. 2014/424), regs. 1, 4(a)
F5Reg. 9(4)(c) and word inserted (1.4.2014) by The Teachers’ Pensions (Amendment) Regulations 2014 (S.I. 2014/424), regs. 1, 4(b)