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101.—(1) A person (P) is entitled to payment of a premature retirement pension from the entitlement day if—
(a)P has reached normal minimum pension age but has not reached normal pension age;
(b)P is qualified or re-qualified for retirement benefits;
(c)P’s pensionable service in relation to an employment is terminated by reason of P’s redundancy or in the interests of the efficient discharge of the functions of P’s employer;
(d)P’s employer gives written notice to the scheme manager stating that—
(i)P’s pensionable service was terminated by reason of P’s redundancy or in the interests of the efficient discharge of the employer’s functions; and
(ii)the employer agrees that a premature retirement pension should become payable to P;
(e)P receives no compensation under Part 3 of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997(1) as a result of P’s pensionable service being terminated;
(f)P has left all eligible employment;
(g)P has applied under regulation 162 for payment of a premature retirement pension; and
(h)P has not applied under that regulation for payment of any other retirement pension.
(2) P is not entitled to payment of a premature retirement pension in respect of any pensionable service after P reaches normal pension age.
(3) If the employer is not the local authority, the local authority must give the notice under sub-paragraph (1)(d) if—
(a)P’s pensionable service was in relation to an employment that falls within category A (as defined by regulation 3(7)(a) of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997); and
(b)the governing body of the school or institution mentioned in that provision asks the local authority to do so.
(4) A premature retirement pension is payable for life.
S.I. 1997/311, amended by S.I. 1999/608.
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