20Pensionable employees#
Schedule 2 to the principal Regulations is amended by inserting after Part III the following:“1 1 Subject to sub-paragraphs (2) to (6), a person who is in a qualifying part-time employment may elect to become a pensionable employee in that employment.2 Subject to sub-paragraphs (3) and (4), a qualifying part-time employment is—a an employment under a scheduled body,b an employment under a body mentioned in regulation B1(6)(a) or (b) (governors of certain educational institutions), orc an employment as a member of a passenger transport executive or a director of a subsidiary of a passenger transport executive,in which the contractual weeks are 35 or more and the contractual hours are 15 or more but fewer than 30.3 If a person is in two or more employments under a single such body, and—a in each of the employments the contractual weeks are 35 or more and the contractual hours are fewer than 30, andb the total of the contractual hours in all the employments is 15 or more,then each of the employments is a qualifying part-time employment, but any election under sub-paragraph (1) must be made in respect of all of them.4 An employment is not a qualifying part-time employment if—a it is an employment in which the person is a manual worker, unless, subject to sub-paragraph (5), he has completed 12 months' continuous employment with the same body in which the contractual hours were 15 or more, orb it is an employment under a scheduled body not described in column (1) of Part I, unless they have by a statutory resolution—i specified him as a person, orii specified a class of persons to which he belongs as a class of persons,to whom sub-paragraph (1) is to apply, orc it is an employment falling within sub-paragraph (2)(b), unless the local education authority have, with the general or specific consent of the employer, by a statutory resolution specified as mentioned in (b)(i) or (ii) above, ord it is an employment falling within sub-paragraph (2)(c), unless the passenger transport executive have by a statutory resolution specified as so mentioned.5 An employment which would but for sub-paragraph (4)(a) be a qualifying part-time employment becomes one if the employee—a became employed by the body in question as a manual worker after ceasing to be employed in non-local government employment, andb provides that body with a declaration in writing that his pension rights under his non-local government scheme will be preserved or that he has applied, or will apply, for their transfer to the appropriate administering authority.6 An election under sub-paragraph (1) may be made at any time by giving notice in writing to the body which will become the person’s employing authority and—a has effect from the day after the date to which the next payment of wages or salary will be calculated, andb so long as there is no break in service, and subject to sub-paragraph (7), has effect in relation to any subsequent qualifying part-time employment under that body even though not made in respect of it.7 If the contractual hours in the employment, or as the case may be the total of the contractual hours in all the employments, in relation to which the election has effect fall below 15, the person may elect to cease to be a pensionable employee in the employment or employments.2 If a person who is in a part-time employment under a body mentioned in paragraph 1(2) was, immediately before the commencement of that employment, a pensionable employee in a whole-time employment under that body, he remains a pensionable employee in the part-time employment unless he elects to cease to be one.3 An election under paragraph 1(7) or 2—a must be made, by giving notice in writing to the employing authority, within 6 months after the date on which the provision in question becomes applicable or such longer period as the authority may allow, andb has effect from the day after the date to which the next payment of wages or salary will be calculated,and the person making it is to be treated for the purposes of these Regulations, except regulation C12 (return of contributions), as if he had on that day ceased to hold the employment or employments.4 Where—a at any time after 31st March 1974 a body mentioned in paragraph 1(2) decided that a person in a part-time employment under them was in that employment a pensionable employee, andb he was not at that time a pensionable employee by virtue of regulation B1(2) to (15), andc if this Part had then been in force he could have made an election under paragraph 1(1),he is to be treated as if this Part had then been in force and he had made such an election.5 1 Subject to sub-paragraph (2), a person who is in a whole-time employment under a body mentioned in paragraph 1(2) in which the contractual weeks are fewer than 45 is not in that employment a pensionable employee.2 Where a person is in such an employment—a if he was in the employment immediately before 1st April 1987 and the employing authority had decided that he was in the employment a pensionable employee, he remains so unless he otherwise elects, andb in any other case, he may elect to become a pensionable employee in the employment.3 An election under sub-paragraph (2) may be made at any time by giving notice in writing to the employing body or, as the case may be, the body which will become the employing authority, and has effect from the day after the date to which the next payment of wages or salary will be calculated.”
Contains public sector information licensed under the Open Government Licence v3.0.