S.I. No. 435/2009 - Secondary, Community and Comprehensive School Teachers Pension Scheme 2009

• (5) Notwithstanding the foregoing provisions of this Article, where the deceased is survived by a spouse and a spouse’s pension is not granted to the spouse under this Chapter or, if one is so granted to the spouse and it ceases to be paid before his or her death, a children’s pension shall not be payable under this Chapter in respect of any period comprised within the lifetime of the spouse or within the time in respect of which the spouse’s pension is not payable, as may be appropriate, unless the Minister in his or her discretion directs that such a pension shall be payable and, where the Minister gives such a direction, he or she may, if he or she thinks fit, further direct that paragraph (4) shall apply as respects any such period.

Periodic contributions (Chapter 2)

• (2) The contribution shall comprise 1.5% of remuneration or, in the case of a person who exercises an option to become a Chapter 2 member (having opted not to become a member of Chapter 3 at the time the entitlement to exercise the relevant option was provided to him or her), 2% of remuneration.

• (3) A person admitted to Chapter 2 membership shall commence payment of contributions specified in this Article with effect from 1 April 2004 or the date on which he or she becomes a member, whichever is the later, and ending when he or she ceases to be a member.

• (4) Contributions shall not be payable under this Chapter by a member for any period which does not constitute pensionable service.

Refund of contributions (Chapter 2)

• (2) A person who, on ceasing to be a member of Chapter 2, has paid periodic contributions for a period in excess of 40 years is entitled to a refund of such of those contributions, beginning with his or her initial contributions and working forward, as is necessary to secure that the period in respect of which such contributions are paid by him or her without being refunded does not exceed 40 years.

• (3) Where any contributions are refunded by the Minister under this Article, they shall be refunded without interest and less an amount equal to any liability for income tax in respect of such contributions.

• (4)
• (a) A Chapter 2 member who retires on pension or dies in service and who has been in the religious life and bound by a vow of celibacy throughout the period of his or her membership is entitled to a refund of his or her periodic contributions.

• (b) Where a person referred to in subparagraph (a) leaves the religious life or ceases to be bound by a vow of celibacy and subsequently becomes a member of this Chapter, he or she shall repay to the Minister the amount of the periodic contributions refunded to him or her, together with compound interest on that amount from the date of payment to him or her at such rate as the Minister, with the consent of the Minister for Finance, may from time to time determine.

• (5) Where periodic contributions are refunded in accordance with paragraph (1) to a person who subsequently becomes a member of this Chapter, the period to which the contributions relate may become pensionable under this Chapter only if the contributions are treated as contributions refunded under Article 8(4) and are repaid in accordance with Article 12.

Former members becoming members (Chapter 2)

• (2) Where a person, on becoming a member of this Chapter, had at any time previously been a member of this Chapter and had paid periodic contributions during such period of membership, such period shall be excluded in determining the number of relevant years under Article 25(10) provided that—

• (a) no refund of those contributions is or was paid, or

• (b) such refund, where made in accordance with paragraph (4) of Article 23, has been repaid in accordance with that paragraph, or

• (c) in the case of a refund made under Article 23(1), the period of service to which the refund relates has been made pensionable in accordance with Chapter 3 of Part 4.

• (3) Where a member was entitled to claim separate preserved pensions or a single aggregated pension but had not made a claim under subparagraph (e) or (f) of Article 8(2) before his death while a member, the spouse’s and children’s pension in respect of that member shall be calculated on the greater of the following:

• (a) the separate pensions;

• (b) the single aggregated pension.

Non-periodic contributions (Chapter 2)

• (2) Where a member of Chapter 2 was married throughout the period, or for a portion of the period, of his or her membership and he or she ceases to be a member due to—

• (a) death, or

• (b) retirement on pension or resignation with entitlement to a preserved pension,

then, unless the number of relevant years is nil, a contribution under this Article (in this Article referred to as a “non-periodic contribution”) shall be payable by way of reduction in the amount of his or her gratuity, death gratuity, preserved gratuity or preserved death gratuity or in such other manner as the Minister may require.

• (3) Subject to paragraph (4), the non-periodic contribution shall comprise 1% of pensionable remuneration multiplied by the number of relevant years, including days in excess of completed years or, in the case of a person who is admitted to Chapter 2 membership having opted not to join Chapter 3 at the time of its commencement, 1.5% of pensionable remuneration multiplied by the number of relevant years, including days in excess of completed years.

• (4) The non-periodic contribution for part-time service shall be calculated under subparagraph (b) of Article 11(2), except that the contribution under this Article is comprised solely of 1.5% of remuneration at the rate applicable to the person according to that subparagraph.

• (5) Where the non-periodic contribution is to be deducted from a preserved gratuity or preserved death gratuity, the contribution shall be calculated by reference to the member’s pensionable remuneration taking into account any pay increases that correspond to matching pensions increases granted in the interval between the date of resignation and the date—

• (a) on which he or she attains 60 years of age or, where the member is a new entrant, 65 years of age, in the case of a preserved gratuity, or

• (b) of his or her death, in the case of a preserved death gratuity.

• (6) Where, subsequent to the date on which a person ceases to be a member of Chapter 2, the pension payable to him or her or to his or her spouse (but not the retirement gratuity, death gratuity, preserved gratuity or preserved death gratuity) falls to be increased because of an increase in the pensionable service of such member, the Minister may adjust the amount of the contribution under this Article to take account of such increase.

• (7)
• (a) At the discretion of the Minister and subject to conditions specified by him or her, a member may elect to pay, over a period of one school year beginning on or after 1 September 2006, additional contributions equal in each case to the amount of the periodic contributions payable in respect of that period or, in the case of a member who is in part-time service, payable by reference to the full time equivalent of the member’s remuneration in respect of such period.

• (b) Where one or more such additional contributions are made under subparagraph (a), this Article shall apply to the person by whom the contribution or contributions is or are made subject to the modification that, in calculating the number of relevant years, such number shall be reduced by one for every contribution made by the person under subparagraph (a).

• (c) Additional periodic contributions under subparagraph (a) shall be refundable in accordance with the provisions of Article 23.

• (8) The maximum pensionable service for the purposes of this Article is 40 years.

• (9) Where a person to whom paragraph (1) or (3) of Article 12 applies becomes a former member of Chapter 2 by retiring on pension, whether on medical grounds or otherwise, then the contribution payable under paragraph (3) or (4) at the termination of his or her final period of membership shall be reduced by the amount of the contribution paid under the relevant paragraph when he or she became a former member, provided there was no refund of that contribution.

• (10) In this Article, “the number of relevant years” means—

• (a) in relation to a member of Chapter 2 who, being then married, ceases to be a member—

• (i) if such cesser is caused otherwise than by death or retirement on medical grounds, the number of years of pensionable service which he or she then had, or

• (ii) if such cesser is due to death or retirement on medical grounds, the number of years of pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case of a new entrant, 65 years of age,

reduced, in each case, by the period of pensionable service, if any, for which periodic contributions have been paid by him or her and are not refundable; or

• (b) in relation to a member of Chapter 2 who, being then unmarried, ceases to be a member, the period of pensionable service which he or she had on the date of termination of his or her last marriage before such cesser, reduced by the period of pensionable service, if any, for which periodic contributions have been paid by him or her and are not refundable.

• (11) Where a member or former member of Chapter 2 gave service, other than as a teacher in a secondary school, community school or comprehensive school or chaplain in a community school or comprehensive school, which is reckonable under Article 6, any portion of that service in respect of which he or she paid periodic contributions under a pension scheme similar to this Chapter shall, provided that those contributions were not refunded to him or her, be excluded in determining the number of relevant years under paragraph (10).

Marriage of members whose early death is to be foreseen (Chapter 2)

• (a) he or she dies within a year of the date of the marriage,

• (b) he or she had no children with the spouse either before or after the marriage, and

• (c) the Minister is of the opinion that his or her death within the said period was, at the date of the marriage, to be foreseen by him or her or by his or her spouse,

then the Minister may for the purposes of this Chapter regard the marriage as not having taken place and, where the marriage is so regarded, all necessary adjustments (including, if need be, repayment to the Minister of sums paid in respect of pensions already granted under this Chapter) shall be made accordingly.

Chapter 3 Spouses’ and Children’s Contributory Pension Provisions (Provisions Introduced From 1968 And Onwards)

Commencement (Chapter 3)

Interpretation (Chapter 3)

“child” means, subject to paragraph (2), a child, adopted child or step-child of the deceased who is—

• (a) under 16 years of age,

• (b) under 21 years of age or, with effect from 1 January 1997, is under 22 years of age, and who, in either case, is—

• (i) receiving full-time instruction at any university, college, school or other educational establishment, or

• (ii) undergoing full-time instruction or training approved by the Minister and provided by any person (in this Chapter referred to as “the employer”) for any vocation, profession or trade, or

• (c) permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself and who, when his or her permanent incapacity first occurred, was a person described in any of the foregoing paragraphs of this definition,

save that, in the case of the person who reaches 21 years of age before 1 July 1977, this definition shall not apply to him or her during the period beginning on the day on which he or she reaches such age and ending on 30 June 1977;

“children’s pension” has the meaning assigned to it by Article 30;

“deceased” means a member or former member of Chapter 3 referred to in Article 30;

“deceased’s pension” means—

• (a) in the case of a person who is awarded a pension, including a pension awarded because of retirement on medical grounds before 2 December 1975, or in the case of a person awarded a preserved pension—

• (i) where he or she is not fully insured, the amount of such pension, or

• (ii) where he or she is fully insured or where the pension is calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured, the greater of the following:

• (I) the amount of such pension;

• (II) the amount of the pension which would have been granted to him or her if it had been calculated by reference to net pensionable remuneration (Spouses’ and Children’s Scheme),

• (b) in the case of a person who is not awarded a pension but has given not less than 5 but not more than 10 years pensionable service and retires on medical grounds—

• (i) before 30 June 1974, an amount equivalent to 1/80th of his or her pensionable remuneration for each completed year of pensionable service but excluding any days in excess of completed years,

• (ii) on or after 30 June 1974 and before 30 June 1976, an amount equivalent to 1/80th of his or her pensionable remuneration for each year of pensionable service and for any days in excess of completed years to be treated on a pro rata basis,

• (c) in the case of a person who retires on medical grounds on or after 2 December 1975 and is awarded a pension—

• (i) where he or she dies before 30 June 1977—

• (I) in respect of the period before 30 June 1977, the amount of such pension,

• (II) in respect of the period on or after 30 June 1977, the amount of the pension which would be granted to him or her if it fell to be calculated by reference to the pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case of a new entrant, 65 years of age,

or

• (ii) where he or she is a person other than a person who died before 30 June 1977 and who is not fully insured, the amount of the pension which would be granted to him or her if it fell to be calculated by reference to the pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case of a new entrant, 65 years of age,

• (iii) where he or she is a member who is fully insured or where the pension is calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured, the greater of the following:

• (I) the amount of such pension;

• (II) the amount of the pension which would be granted to him or her if it fell to be calculated by reference to net pensionable remuneration (Spouses’ and Children’s Scheme) and the pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case of a new entrant, 65 years of age provided that, where the member has paid periodic contributions (based on net remuneration) in respect of a period of service purchased in accordance with Chapter 3 of Part 4, the portion of the deceased’s pension based on such service shall be calculated by reference to net pensionable remuneration,

• (d) in the case of a person who resigned with entitlement to a preserved pension, and who dies before attaining 60 years of age or, in the case of a new entrant, 65 years of age, or before making application for the preserved pension—

• (i) where he or she is not fully insured, the amount of the preserved pension, or

• (ii) where he or she is fully insured or where the pension is calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured, the greater of the following:

• (I) the amount of such preserved pension;

• (II) the amount of the preserved pension which would be granted to him or her if it had been calculated by reference to net pensionable remuneration (Spouses’ and Children’s Scheme),

if he or she had, at date of death, attained 60 years of age or, in the case of a new entrant, 65 years of age, and had applied for the preserved pension,

• (e) in the case of a person who dies while serving as a member before 30 June 1977, having given not less than 5 years pensionable service, the amount of the pension which would be granted to him or her if it fell to be calculated by reference to the pensionable service which he or she would have had if he or she had served to compulsory retirement age, or

• (f) in the case of a person who dies while serving as a member on or after 30 June 1977, having given not less than 5 years pensionable service or having the potential to give not less than 5 years pensionable service by compulsory retirement age or, in the case of a new entrant, 65 years of age—

• (i) where he or she is not fully insured, the amount of the pension which would be granted to him or her if it fell to be calculated by reference to the pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case of a new entrant, 65 years of age, or

• (ii) where he or she is fully insured or where the pension is calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured, the greater of the following:

• (I) the amount of the pension described in clause (i);

• (II) the amount of the pension which would be granted to him or her if it fell to be calculated by reference to net pensionable remuneration (Spouses’ and Children’s Scheme) and the pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case of a new entrant, 65 years of age;

“former member” in respect of Chapter 3 membership, means a member of Chapter 3 who, being then married dies, retires under Part 2 or resigns from employment as a teacher or chaplain;

“pensionable service” means service which is pensionable under Article 6 and, in the case of a member of this Chapter who died in service or who, on or after 2 December 1975, retired on medical grounds, the member’s potential service to compulsory retirement age or, in the case of a new entrant, to 65 years of age, provided that total pensionable service shall not exceed 40 years;

“periodic contributions” means the contributions referred to in Article 34;

“spouse’s pension” has the meaning assigned to it by Article 30.

• (2) Paragraphs (2) and (3) of Article 16 shall apply to the definition of “child” in this Article as they apply to the definition of “child” in Article 16.

Chapter 3 members

• (a) any male teacher or chaplain who is a member of Part 2 and who—

• (i) became a member of Part 2 on or after 1 October 1969 and before 1 September 2005, or

• (ii) being a member of Part 2 during the whole or any part of the period beginning on 23 July 1968 and ending on 30 September 1969,—

• (I) did not opt out of becoming a Chapter 3 member between 23 July 1968 and 31 December 1971,

• (II) opted not to become a Chapter 3 member between 23 July 1968 and 30 September 1969 and who, notwithstanding the exercise by him or her of the option in that manner, during the period beginning on 1 October 1969 and ending on 31 December 1971, elected to become a Chapter 3 member, or

• (III) opted not to become a Chapter 3 member between 23 July 1968 and 30 September 1969 and who subsequently between 23 July 1968 and 31 December 1971, either died or retired from pensionable service or otherwise ceased to be a person to whom this Chapter applies,

and—

• (A) who, notwithstanding the exercise by him of the option in that manner, during the last-mentioned period in this subclause elected to become a Chapter 3 member, or

• (B) in respect of whom, notwithstanding the exercise by him of the option in that manner, an election was made to become a Chapter 3 member during that last-mentioned period,

• (b) any female teacher or chaplain who is a member of Part 2 and who—

• (i) became a member of Part 2 on or after 1 November 1981 and before 1 September 2005 or, in the case of a teacher or chaplain in a community school, on or after 1 February 1982 and before 1 September 2005, or

• (ii) being a member of Part 2 during the whole or any part of the period beginning on 1 June 1981 and ending on 31 October 1981 or, in the case of a teacher or chaplain in a community school, ending on 31 January 1982, during such period elected to become a Chapter 3 member or did not exercise an option to do so, or

• (iii) during the period beginning on 1 June 1981 and ending on 31 October 1981 or, in the case of a teacher or chaplain in a community school, ending on 31 January 1982, opted not to become a Chapter 3 member and who, notwithstanding the exercise by her of that option in that manner, during the same period elected to become a Chapter 3 member, or

• (iv) during the period beginning on 1 June 1981 and ending on 31 October 1981 or, in the case of a teacher or chaplain in a community school, ending on 31 January 1982 opted not to become a Chapter 3 member and who subsequently, during such period, either died or retired from pensionable service or otherwise ceased to be a person to whom this Chapter applies, and—

• (I) who, notwithstanding the exercise by her of the option in that manner, during the period mentioned in this clause (whether ending on 31 October 1981 or 31 January 1982, as appropriate) elected to become a Chapter 3 member, or

• (II) in respect of whom, notwithstanding the exercise by her of the option in that manner, an election was made to become a Chapter 3 member during the said period.

Power to grant spouses’ and children’s pensions (Chapter 3)

• (a) where he or she is survived by a spouse, a pension to that spouse (in this Chapter referred to as a “spouse’s pension”), or

• (b) where he or she had a spouse at any time after this Chapter first applied to him or her (whether or not the marriage continued until his or her death and whether or not a spouse’s pension is, or can be, granted), a pension for his or her children (in this Chapter referred to as a “children’s pension”),

provided that any marriage of the deceased which takes place after he or she has ceased to be a member shall not be taken into account for the purposes of this Chapter, and accordingly any reference to a marriage, a spouse, the widow or the children of the deceased shall be construed in accordance with this proviso.

• (2) The person mentioned in paragraph (1) is a person in relation to whom the following conditions are satisfied—

• (a) the person is—

• (i) a member of Chapter 3, or

• (ii) a former member of Chapter 3, and

• (b) a pension, death gratuity, preserved pension or preserved death gratuity or, if the person retired on medical grounds before 30 June 1976 having given not less than 5 and not more than 10 years pensionable service, a gratuity, has been, or is awarded, to or in respect of the person.

Spouses’ pensions (Chapter 3)

• (a) where the spouse was, at the time of the death of the former member, cohabiting with a person other than the deceased as man and wife, or

• (b) in respect of any time after the death of the former member when the spouse is remarried or is so cohabiting with any person.

• (2) Notwithstanding paragraph (1), where—

• (a) a pension under this Chapter is not granted or ceases to be paid under paragraph (1), and

• (b) at a date subsequent to the date of the marriage or cohabitation by reason of which the pension was withheld or ceased to be paid, the Minister is satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension,

the Minister may, if he or she thinks fit, grant or re-grant, as may be appropriate, the pension—

• (i) in the case of a marriage or cohabitation which has come to an end, from the date on which such marriage or cohabitation ended, or

• (ii) in any other case, a date not earlier than the date on which the relevant application is received by the Minister.

• (3)
• (a) A spouse shall not be eligible for a spouse’s pension under this Chapter in respect of more than one member.

• (b) Where a spouse would, save for this paragraph, be eligible for a spouse’s pension in respect of 2 or more members the spouse shall be entitled to whichever pension provides him or her with the most favourable benefits.

• (4) Subject to paragraph (1), a spouse’s pension may be paid for the whole of the period beginning on the death of the deceased and ending with the death of the spouse.

• (5) The rate of a spouse’s pension is the rate of the deceased’s pension.

• (6)
• (a) Where a member or former member dies who was fully insured or where the member’s or former member’s pension is calculated on a combination of service provided when the person was not fully insured and service provided when the person was fully insured, the Minister shall, with effect from a date which is not earlier than 6 April 1995, and subject to subparagraph (b), pay to his or her spouse a supplementary pension, the amount of which shall not exceed the amount, if any, obtained by applying the following formula, namely, A-B where—

A is the rate of spouse’s pension which would have resulted from the calculation referred to in paragraph (5) if the deceaseds pension had been based on pensionable remuneration, and

B is the rate of spouse’s pension resulting from the calculation referred to in paragraph (5) together with the personal rate of widow’s (contributory) pension or widower’s (contributory) pension, if any, payable to the spouse.

• (b) The supplementary pension under subparagraph (a) shall be payable in respect of any period during which the spouse—

• (i) fails to qualify for widow’s (contributory) pension or widower’s (contributory) pension where such failure is due to causes outside his or her control, or

• (ii) qualifies for widow’s (contributory) pension or widower’s (contributory) pension at less than the maximum personal rate due to causes outside his or her control.

• (7) Notwithstanding paragraph (5), where on the death on or after 30 June 1977, of a member or former member, other than a former member who qualifies for a preserved pension, a spouse’s pension becomes payable to his or her spouse, the rate of that pension may, in respect of the first month after his or her death, be increased to—

• (a) where he or she dies while a member, 1/12th the rate of his or her pensionable remuneration, or

• (b) where he or she dies after being granted a pension and where the rate of pension payable to him or her on the date of his or her death is greater than the rate of spouse’s pension otherwise payable under this Chapter, 1/12th of such rate of pension,

provided that the rate as so increased shall be reduced by the rate of any children’s pension payable under this Chapter and that the amount payable to the spouse under this Chapter in respect of the period of one month commencing on the day immediately following that of the deceased’s death may be paid at any time on or after the first day of such period.

Children’s pensions — beneficiaries (Chapter 3)

• (a) the deceased is married to the mother or father of the child, as the case may be, at some time during the period of his or her membership; and

• (b) the child is born before or during the period of the deceased’s membership or not more than 10 months after the deceased ceased to be a member.

• (2) A pension may be granted under this Chapter for an adopted child of the deceased only if

• (a) the adoption occurs

• (i) before or during the period of the deceased’s membership; or

• (ii) after the period of the deceased’s membership but only if the deceased had applied, before the termination of membership, for an adoption order in respect of the child, the deceased dies before the adoption procedure is completed and the child is subsequently adopted by the member’s spouse;

and

• (b) the deceased is married at some time during the period of his or her membership.

• (3) A pension may be granted under this Chapter for a step-child of the deceased

• (a) only in respect of a period on or after 1 January 1979; and

• (b) only if the deceased’s marriage that makes the deceased the step-parent of the step-child occurs

• (i) before the period of the deceased’s membership and the marriage continues to the time that the deceased became a member; or

• (ii) during the period of the deceased’s membership.

• (4)
• (a) A child shall not be eligible for a children’s pension in respect of more than one member.

• (b) Where, save for this paragraph, there would be an eligibility for a children’s pension in respect of 2 or more members, the child shall count as eligible in respect of one of them in the way which, in the opinion of the Minister, will give the most favourable overall result for the child or children in question.

Children’s pensions — rate and mode of payment (Chapter 3)

• (b) Where children are in the care of 2 or more persons, different parts of the children’s pension shall be paid to those persons in such proportions as the Minister may determine.

• (c) A children’s pension shall be applied for the benefit of the children for whom it is granted.

• (2) A children’s pension may only be paid in relation to a period subsequent to the death of the deceased.

• (3) During the period beginning on 23 July 1968 and ending on 30 June 1977, the rate of children’s pension under this Chapter is—

• (a) where the deceased is not survived by a spouse or is survived by a spouse who subsequently dies, in respect of periods after the spouse’s death, 2/12ths the deceased’s pension for the first child plus 1/12th for each additional child up to a fourth additional child;

• (b) subject to paragraph (5), where the deceased is survived by a spouse, 1/12th the deceased’s pension for the first child, plus 1/12th for each additional child up to a fifth additional child.

• (4) From 1 July 1977, the rate of children’s pension under this Chapter is—

• (a) where the deceased is not survived by a spouse or is survived by a spouse who subsequently dies, in respect of periods after the spouse’s death, 4/12ths of the deceased’s pension for the first child plus 2/12ths for a second child;

• (b) subject to paragraph (5), where the deceased is survived by a spouse, 2/12ths of the deceased’s pension for the first child plus 2/12ths for each additional child up to a second additional child.

• (5)
• (a) Where, on or after 1 July 1977, the children of the deceased are at the time of, or at any time after, his or her death in the care of some person other than his or her spouse, the Minister may, if he or she thinks fit, direct that for so long as they are in such care paragraph (3)(a) or 4(a), or both, shall apply notwithstanding that the spouse is still alive, and, where the Minister so directs, paragraph (3)(a) or (4)(a) (or both) shall be construed and have effect in accordance with the direction.

• (b) Where, on or after 1 July 1977, some but not all of the children of the deceased are at the time of, or at any time after, his or her death in the care of a person other than his or her spouse, the rate of that portion of the children’s pension which is payable in respect of the children who are in the care of that person may be calculated by reference to the rates specified in paragraph (3)(a) or 4(a), or both as appropriate, provided that the amount of children’s pension payable in respect of the deceased shall not exceed the rate of the deceased’s pension.

• (6) Notwithstanding the foregoing provisions of this Article, where the deceased is survived by a spouse and a spouse’s pension is not granted to the spouse under this Chapter or, one is so granted to the spouse and it ceases to be paid before his or her death, a children’s pension shall not be payable under this Chapter in respect of any period comprised within the lifetime of the spouse or within the time in respect of which a spouse’s pension is not payable, as may be appropriate, unless the Minister in his or her discretion directs that such a pension shall be payable and, where the Minister gives such a direction, he or she may, if he or she thinks fit, further direct that paragraph (5) shall apply as respects any such period.

Periodic contributions (Chapter 3)

• (2) A person admitted to Chapter 3 membership shall commence payment of contributions specified in this Article with effect from the date of commencement of this Chapter or the date on which he or she becomes a member, whichever is the later, and ending when he or she ceases to be a member, such payments shall be made at such times and in such manner as the Minister may determine.

• (3) Contributions shall not be payable under this Chapter by a member for any period which does not constitute pensionable service.

Refund of contributions (Chapter 3)

• (a) ceases to be a member of Chapter 3 and was unmarried at all times during his or her membership of this Chapter, or

• (b) on ceasing to be a member of Chapter 3 other than on death, on so ceasing was married, and either—

• (i) is not eligible under Part 2 for the grant of a pension andgratuity, or

• (ii) having retired on medical grounds before 30 June 1976, and having given not less than 5 and not more than 10 years pensionable service, is not eligible for a gratuity, or

• (c) before 30 June 1977, ceases to be a member due to death and on so ceasing was married and had less than 5 years pensionable service, or

• (d) on or after 30 June 1977 ceases to be a member due to death and his or her pensionable service, together with the pensionable service he or she would have if he or she had served to compulsory retirement age or, in the case of a new entrant, 65 years of age, is less than 5 years,

then if his or her pensionable service is not transferred to an approved pension scheme, or if he or she is not eligible for a preserved pension and preserved gratuity, the person is entitled to a refund of the whole of his or her periodic contributions.

• (2) In any case, other than a case referred to in paragraph (1), a member of this Chapter on ceasing to be a member is entitled to a refund of such of those contributions, if any, beginning with his or her initial contributions and working forward, or, in the case of a member to whom paragraph (1)(b) applies, his or her final contributions and working back, as is necessary to secure that the period in respect of which such contributions are paid by him or her without being refunded—

• (a) does not exceed 40 years,

• (b) is, if he or she ceased to be a member before 30 June 1974, an exact number of years, or

• (c) if he or she is unmarried when he or she ceased to be a member, does not exceed a period equal to the length of service on the date of his or her spouse’s death.

• (3) Where a married member retires on medical grounds and his or her spouse subsequently dies before he or she attains compulsory retirement age or, in the case of a new entrant, 65 years of age, the former member is entitled to a refund of contributions paid in respect of the period subsequent to the spouse’s death.

• (4) Where any contributions are refunded under this Article, they shall be refunded without interest.

• (5) Where periodic contributions are refunded in accordance with this Article to a person who subsequently becomes a member of this Chapter, the period to which the contributions relate may become reckonable under this Chapter provided that—

• (a) contributions in respect of Part 2 for the period in question have not been refunded or, where they have been refunded together with the periodic contributions, have been repaid in accordance with Article 12, and

• (b) the person repays to the Minister the amount of the periodic contributions so refunded to him or her and the provisions of Article 12 apply to the repayment.

Former members becoming members (Chapter 3)

• (2) Subject to paragraph (3), where a former member becomes, on or after 1 August 1996, a member of this Chapter in a position in respect of which the annual rate of remuneration or, in respect of part-time employment, the wholetime equivalent of the annual rate of remuneration, is at least the equivalent of the remuneration on which the pension was based, any prospective entitlement to a spouse’s pension or children’s pension under this Chapter in respect of his or her previous membership shall be disregarded (and, accordingly, any entitlement to a spouse’s pension or children’s pension shall be determined solely by reference to the member’s present membership of this Chapter).

• (3) Where a person, on becoming a member of this Chapter, had at any time previously been a member of this Chapter and had paid periodic contributions during such period of membership, the period in respect of which he or she paid such periodic contributions shall be excluded in determining the number of relevant years under Article 37(9) provided that—

• (a) no refund of those contributions is or was paid, or

• (b) such refund, where paid, has been repaid in accordance with Article 35(5) or, where the application to repay the periodic contributions and contributions made under Part 2 has been made on or after 1 March 1996, the period of service to which the refund relates has been purchased in accordance with Chapter 3 of Part 4.

• (4) Where a person to whom paragraph (1) or (2) applies becomes a former member by retiring on pension, whether on medical grounds or otherwise, then the contribution payable under Article 37 at the termination of his or her final period of membership shall be reduced by the amount of the contribution paid under that Article when he or she first became a former member (that is to say, on the first occasion of his or her becoming a former member), provided there was no refund of that contribution.

• (5) Where a member was entitled to claim separate preserved pensions or a single aggregated pension but had not made a claim under subparagraph (e) or (f) of Article 8(2) before his death while a member, the spouses’ and children’s pension in respect of that member shall be calculated on the greater of the following:

• (a) the separate pensions;

• (b) the single aggregated pension.

Non-periodic contributions (Chapter 3)

• (2) Where a member of this Chapter was married at any time during the period of his or her membership and he or she—

• (a) ceases to be a member before 30 June 1976, and such cesser is due to—

• (i) death or retirement on medical grounds after not less than 5 years pensionable service, or

• (ii) retirement on pension,

• (b) ceases to be a member on or after 30 June 1976 and before 30 June 1977 and such cesser is due to—

• (i) death after not less than 5 years pensionable service, or

• (ii) retirement on pension, or

• (c) ceases to be a member on or after 30 June 1977 and such cesser is due to—

• (i) death, and his or her pensionable service together with the pensionable service he or she would have if he or she had served until compulsory retirement age or, in the case of a new entrant, 65 years of age, is not less than 5 years, or

• (ii) retirement on pension or resignation with entitlement to a preserved pension,

then, unless the number of relevant years is nil, a contribution under this Article (in this Article referred to as a “non-periodic contribution”) shall be payable by way of reduction in the amount of the member’s gratuity, death gratuity, preserved gratuity, preserved death gratuity or the gratuity payable to a member who retired on medical grounds before 30 June 1976 or in such other manner as the Minister may require.

• (3) Subject to paragraph (4), the non-periodic contribution shall comprise 1% of the member’s pensionable remuneration multiplied by the number of relevant years, days in excess of completed years being taken into account in the case of a member whose membership ceases on or after 30 June 1974.

• (4) The non-periodic contribution for part-time service shall be calculated under subparagraph (b) of Article 11(2), except that the contribution under this Article is comprised solely of 1.5% of remuneration at the rate applicable to the person according to that subparagraph.

• (5) Where the contribution is being deducted from a preserved gratuity or preserved death gratuity, the non-periodic contribution shall be calculated by reference to the member’s pensionable remuneration or net pensionable remuneration as appropriate taking into account any pay increases that correspond to matching pensions increases granted during the period between the date of resignation and the date—

• (a) on which he or she attains 60 years of age or, where the member is a new entrant, 65 years of age, in the case of a preserved gratuity, or

• (b) of his or her death, in the case of a preserved death gratuity.

• (6) Where, subsequent to the date on which a person ceases to be a member, the pension payable to him or her or to his or her spouse (but not the retirement gratuity, death gratuity, preserved gratuity or preserved death gratuity) falls to be increased because of an increase in the pensionable service of such a member, the Minister may adjust the amount of the contribution under this Article to take account of such increase.

• (7)
• (a) At the discretion of the Minister and subject to conditions specified by him or her, a member may elect to pay, over periods of one or more school years beginning on or after 1 September 2006, additional contributions equal in each case to the amount of the periodic contributions payable in respect of that period or, in the case of a member who is in part-time service, payable by reference to the wholetime equivalent of the member’s remuneration in respect of such period.

• (b) Where one or more additional contributions are made under subparagraph (a), this Article shall apply to the person by whom the contribution or contributions is or are made subject to the modification that, in calculating the number of relevant years, such number shall be reduced by one for every contribution made by the person under subparagraph (a).

• (c) Additional periodic contributions under subparagraph (a) shall be refundable in accordance with the provisions of Article 35.

• (8) The maximum pensionable service for the purposes of this Article is 40 years.

• (9) In this Article, “the number of relevant years” means—

• (a) in relation to a member of Chapter 3 who, being then married, ceases to be a member because of death before 30 June 1974, the number of whole years of service which he or she would have had if he or she had served to compulsory retirement age, excluding any fraction of a year and reduced by the number of whole years of service, if any, in respect of which periodic contributions have been paid by him or her and are not refundable,

• (b) in relation to a member of Chapter 3 who, being then married, ceases to be a member otherwise than by death before 30 June 1974, the number of whole years of service which he or she then had, excluding any fraction of a year and reduced by the number of whole years of service, if any, in respect of which periodic contributions have been paid by him or her and are not refundable,

• (c) in relation to a member of Chapter 3 who, being then unmarried, ceases to be a member before 30 June 1974, the number of whole years of service which he or she had on the date of termination of his or her last marriage before such cesser, reduced by the number of whole years of service, if any, for which periodic contributions have been paid by him or her and are not refundable,

• (d) in relation to a member of Chapter 3 who, being then married, ceases to be a member because of death on or after 30 June 1974, the period of pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case of a new entrant, to 65 years of age, reduced by the period of service, if any, in respect of which periodic contributions have been paid by him or her and are not refundable,

• (e) in relation to a member of Chapter 3 who, being then married, ceases to be a member otherwise than by death on or after 30 June 1974 and before 2 December 1975, the period of pensionable service which he or she then had reduced by the period of service, if any, for which periodic contributions have been paid by him or her and are not refundable,

• (f) in relation to a member of Chapter 3 who, being then unmarried, ceases to be a member on or after 30 June 1974, the period of pensionable service which he or she had on the date of termination of his or her last marriage before such cesser, reduced by the period of service, if any, for which periodic contributions have been paid by him or her and are not refundable,

• (g) in relation to a member of Chapter 3 who, being then married, ceases to be a member on retirement on medical grounds on or after 2 December 1975, the period of pensionable service which he or she would have had if he or she had served to compulsory retirement age or, in the case of a new entrant, 65 years of age, reduced by the period of service, if any, for which periodic contributions have been paid by him or her and are not refundable, or

• (h) in relation to a member of Chapter 3 who, being then married, ceases to be a member on retirement, otherwise than on medical grounds, on or after 2 December 1975, the period of pensionable service which he or she then had, reduced by the period of service, if any, for which periodic contributions have been paid by him or her and are not refundable.

• (10) Where a member or former member of Chapter 3 gave service, other than as a teacher in a secondary school, community school or comprehensive school or chaplain in a community school or comprehensive school, which is reckonable under Article 6, any portion of that service in respect of which he or she paid periodic contributions under a pension scheme similar to this Chapter shall, provided those contributions were not refunded to him or her, be excluded in determining the number of relevant years under paragraph (9).

Marriages of members whose early death is to be foreseen (Chapter 3)

• (a) he or she dies within a year of the date of the marriage,

• (b) he or she had no children with the spouse either before or after the marriage, and

• (c) the Minister is of the opinion that his or her death within said period was, at the date of the marriage, to be foreseen by him or her or by his or her spouse,

then the Minister may for the purposes of this Chapter regard the marriage as not having taken place and, where the marriage is so regarded, all necessary adjustments (including, if need be, repayment to the Minister of sums paid in respect of pensions already granted under this Chapter and refunds of contributions made under this Chapter) shall be made accordingly.

Chapter 4 Secondary Teachers Widows’ and Children’s Ex-Gratia Pension Provisions

Commencement (Chapter 4)

Interpretation (Chapter 4)

“child” means, subject to paragraph (2), a child, adopted child or step child of the deceased who is—

• (a) under 16 years of age,

• (b) under 21 years of age and who is—

• (i) receiving full-time instruction at any university, college, school or other educational establishment, or

• (ii) undergoing full-time instruction or training approved by the Minister and provided by any person (in this Chapter referred to as “the employer”) for any vocation, profession or trade, or

• (c) permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself and who, when his or her permanent incapacity first occurred, was a person described in any of the foregoing paragraphs of this definition,

save that, in the case of a person who attains 21 years of age before 1 July 1977, this definition shall not apply to him or her during the period beginning on the day on which he or she reaches such age and ending on 30 June 1977;

“children’s pension” has the meaning assigned to it by Article 42;

“deceased” means a member or former member of Chapter 4 referred to in Article 42;

“deceased’s pension” means—

• (a) in the case of a person who retired on pension, the amount of such pension;

• (b) in the case of a person who, having reached compulsory retirement age, was permitted to continue in service and dies in service, the amount of the pension to which he would have been entitled if he had retired on the date of death but excluding from actual pensionable service any days in excess of completed years;

• (c) in the case of a person who dies while serving as a member of Part 2, the amount of the pension which would have been granted to him if, on the date of death, he retired on medical grounds and then had the actual pensionable service he would have had if he had served to compulsory retirement age excluding any days in excess of completed years;

“widow” means the wife of the deceased where both the deceased and his wife were parties to a marriage recognised by the law of the State as valid;

“widow’s pension” has the meaning assigned to it by Article 42.

• (2) Paragraphs (2) and (3) of Article 16 shall apply to the definition of “child” in this Article as they apply to the definition of “child” in Article 16.

• (3) Section 11 (b) of the Interpretation Act 1937 (No. 38 of 1937) and section 18 (b) of the Interpretation Act 2005 (No. 23 of 2005) shall not apply to this Chapter but, to avoid doubt, this paragraph does not affect the importing of the masculine gender and of the feminine gender with respect to the following words in this Chapter:

• (a) “child”;

• (b) “employer”;

• (c) “Minister”;

• (d) “parent”;

• (e) “person” (other than when referable to the deceased);

• (f) “personal representative”.

Chapter 4 members

• (a) a teacher or chaplain who retired on a pension before 23 July 1968;

• (b) a teacher or chaplain who, before 23 July 1968, died while a member of Part 2 and had not less than 10 years actual pensionable service to compulsory retirement age at the date of death and

• (i) had given not less than 5 years actual pensionable service, or

• (ii) in respect of whom a death gratuity was paid;

• (c) a teacher or chaplain having attained compulsory retirement age before 23 July 1968 while a member of Part 2 and who was permitted to continue in service and would have been eligible for a pension under Part 2 if he had retired on reaching compulsory retirement age.

Power to grant widows’ and children’s pensions

• (a) where he is survived by a widow, a pension to that widow (in this Chapter referred to as a “widow’s pension”), and

• (b) where he had a wife at any time before his actual pensionable service ceased (whether or not the marriage continued until his death and whether or not a widow’s pension is, or can be, granted), a pension for his children (in this Chapter referred to as a “children’s pension”).

• (2) The grant of a pension under this Article shall be with effect from—

• (a) subject to paragraph (b), the date of the deceased’s death or 23 July 1968, whichever is the later, or

• (b) in the case of a deceased who died before 23 July 1968 and who falls within Article 41(c), 23 July 1968.

Widows’ pensions (Chapter 4)

• (a) where the widow was, at the time of the death of the deceased, cohabiting with a man other than the deceased as man and wife, or

• (b) in respect of any time after the death of the deceased when the widow is remarried or is so cohabiting with any man.

• (2) Where—

• (a) a pension under this Chapter is not granted or ceases to be paid under paragraph (1), and

• (b) at a date subsequent to the date of the marriage or cohabitation by reason of which the pension was withheld or ceased to be paid the Minister is satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension,

the Minister may, if he or she thinks fit, grant or regrant, as may be appropriate, the pension—

• (i) in the case of a marriage or cohabitation which has come to an end, from the date on which such marriage or cohabitation ended, or

• (ii) in any other case, a date not earlier than the date on which the relevant application is received by the Minister.

• (3)
• (a) A widow shall not be eligible for a widow’s pension under this Chapter in respect of more than one person to whom this Chapter applies.

• (b) Where a widow would, save for this paragraph, be eligible for a widow’s pension in respect of more than one person to whom this Chapter applies, the widow shall be treated under this Chapter in the way which will give the most favourable result for the widow.

• (4) Subject to paragraph (1), a widow’s pension may be paid for the whole of the period beginning on the death of the deceased and ending with the death of the widow.

• (5) The rate of a widow’s pension is—

• (a) during the period beginning on the commencement of this Chapter and ending on 30 June 1977, 1/4 the rate of the deceased’s pension,

• (b) during the period beginning on 1 July 1977 and ending on 30 June 1979, 1/3 the rate of the deceased’s pension,

• (c) during the period beginning on 1 July 1979 and ending on 31 December 1985, 5/12ths the rate of the deceased’s pension,

• (d) during the period beginning on 1 January 1986 and ending on 31 December 1986 11/24ths the rate of the deceased’s pension, and

• (e) on and from 1 January 1987, 1/2 the rate of the deceased’s pension.

Children’s pensions — beneficiaries (Chapter 4)

• (a) the deceased is married to the mother of the child at some time during the period of his membership; and

• (b) the child is born before or during the period of the deceased’s membership or not more than 10 months after the deceased ceased to be a member.

• (2) A pension may be granted under this Chapter for an adopted child of the deceased only if—

• (a) the adoption occurs—

• (i) before or during the period of the deceased’s membership; or

• (ii) after the period of the deceased’s membership but only if the deceased had applied, before the termination of membership, for an adoption order in respect of the child, the deceased dies before the adoption procedure is completed and the child is subsequently adopted by the member’s spouse;

and

• (b) the deceased is married at some time during the period of his membership.

• (3) A pension may be granted under this Chapter for a step-child of the deceased—

• (a) only in respect of a period on or after 1 January 1979; and

• (b) only if the deceased’s marriage that makes the deceased the step-parent of the step-child occurs—

• (i) before the period of the deceased’s membership and the marriage continues to the time that the deceased became a member; or

• (ii) during the period of the deceased’s membership.

• (4)
• (a) A child shall not be eligible for a children’s pension in respect of more than one member.

• (b) Where a child would, save for this paragraph, be eligible for a children’s pension in respect of 2 or more members, the child shall be treated under this Chapter in the way which, in the opinion of the Minister, will give the most favourable overall result for the child.

Children’s pensions — rate and mode of payment (Chapter 4)

• (b) Where children are in the care of 2 or more persons, different parts of the children’s pension shall be paid to those persons in such proportions as the Minister may determine.

• (c) The children’s pension is to be applied for the benefit of the children for whom it is granted.

• (2) A children’s pension may be paid only in relation to a period subsequent to the death of the deceased.

• (3) During the period beginning on the commencement of this Chapter and ending on 31 May 1973, the rate of children’s pension under this Chapter is—

• (a) where the deceased is not survived by a widow or is survived by a widow who subsequently dies, in respect of periods after her death, 2/24ths the deceased’s pension for the first child plus 1/24th the deceased’s pension for each additional child up to a fourth additional child, or

• (b) subject to paragraph (5), where the deceased is survived by a widow, 1/24th the deceased’s pension for the first child, plus one 1/24th the deceased’s pension for each additional child up to a fifth additional child.

• (4)
• (a) During the period beginning on 1 June 1973 and ending on 30 June 1977, the rate of children’s pension under this Chapter is—

• (i) where the deceased is not survived by a widow or is survived by a widow who subsequently dies, in respect of periods after her death, 4/24ths the deceased’s pension for the first child plus 2/24ths the deceased’s pension for a second child, or

• (ii) subject to paragraph (5), where the deceased is survived by a widow, 2/24ths the deceased’s pension for the first child plus 2/24ths the deceased’s pension for each additional child up to a second additional child.

• (b) During the period beginning on 1 July 1977 and ending on 30 June 1979, the rate of children’s pension under this Chapter is—

• (i) where the deceased is not survived by a widow or is survived by a widow who subsequently dies, in respect of periods after her death, 2/9ths the deceased’s pension for the first child plus 1/9th the deceased’s pension for a second child, or

• (ii) subject to paragraph (5), where the deceased is survived by a widow, 1/9th the deceased’s pension for the first child plus 1/9th the deceased’s pension for each additional child up to a second additional child.

• (c) During the period beginning on 1 July 1979 and ending on 31 December 1985, the rate of a children’s pension under this Chapter is—

• (i) where the deceased is not survived by a widow or is survived by a widow who subsequently dies, in respect of periods after her death, 10/36ths the deceased’s pension for the first child plus 5/36ths the deceased’s pension for a second child, or

• (ii) subject to paragraph (5), where the deceased is survived by a widow, 5/36ths the deceased’s pension for the first child plus 5/36ths the deceased’s pension for each additional child up to a second additional child.

• (d) During the period beginning on 1 January 1986 and ending on 31 December 1986, the rate of a children’s pension under this Chapter is—

• (i) where the deceased is not survived by a widow or if he is survived by a widow who subsequently dies, in respect of periods after her death, 11/36ths the deceased’s pension for the first child plus 11/72nds the deceased’s pension for a second child, or

• (ii) subject to paragraph (5), where the deceased is survived by a widow, 11/72nds the deceased’s pension for the first child plus 11/72nds the deceased’s pension for each additional child up to a second additional child.

• (e) On and from 1 January 1987, the rate of a children’s pension under this Chapter is—

• (i) where the deceased is not survived by a widow or is survived by a widow who subsequently dies, in respect of periods after her death, 1/3rd the deceased’s pension for the first child plus 1/6th the deceased’s pension for a second child, or

• (ii) subject to paragraph (5), where the deceased is survived by a widow, 1/6th the deceased’s pension for the first child plus 1/6th the deceased’s pension for each additional child up to a second additional child.

• (5)
• (a) Where, on or after 1 July 1977, the children of the deceased are at the time of, or at any time after, his death, in the care of some person other than their parent or step-parent, the Minister may, if he or she thinks fit, direct that for so long as they are in such care any or all, as may be appropriate, of the following provisions, namely paragraph (3)(a) and clause (i) of each of paragraphs (4)(a) to (e) shall apply notwithstanding that the parent or step-parent is still alive, and where the Minister so directs this Article shall be construed and shall have effect in accordance with the direction.

• (b) Where, on or after 1 July 1977, some but not all of the children of the deceased are at the time of, or at any time after, his death in the care of a person other than their parent or step-parent, the rate of that portion of the children’s pension which is payable in respect of the children who are in the care of that person may be calculated by reference to all or any, as may be appropriate, of the rates specified in paragraph (3)(a) and clause (i) of each of paragraphs (4)(a) to (e), provided that the amount of children’s pension payable in respect of a deceased shall not exceed—

• (i) during the period beginning on 1 July 1977 and ending on 30 June 1979, 1/3rd the rate of the deceased’s pension,

• (ii) during the period beginning on 1 July 1979 and ending on 31 December 1985, 5/12ths the rate of the deceased’s pension,

• (iii) during the period beginning on 1 January 1986 and ending on 31 December 1986, 11/24ths the rate of the deceased’s pension, or

• (iv) on and from 1 January 1987, 1/2 the rate of the deceased’s pension.

• (6) Notwithstanding the foregoing provisions of this Article, where the deceased is survived by a widow and no widow’s pension is granted to her under this Chapter or, if one is so granted to her and ceases to be paid before her death, a children’s pension shall not be payable under this Chapter in respect of any period comprised within the lifetime of the widow or within the time in respect of which a widow’s pension is not payable, as may be appropriate, unless the Minister directs that such a pension shall be so payable, and if the Minister gives such a direction he or she may, if he or she thinks fit, further direct that paragraph (5) shall apply in respect of any such period.

Part 4 Purchase of Notional Service and Certain Other Service

Chapter 1 Commencement, Interpretation and Application

Commencement of certain provisions of this Part

• (2) Article 57 shall be deemed to have come into operation on 30 June 1977.

• (3) Chapter 3 shall be deemed to have come into operation on 1 March 1996.

Interpretation (Part 4)

“regular part-time” means, in relation to a teacher or chaplain, a teacher or chaplain who has been working part-time for not less than 2 consecutive years under a regular part time contract and has an established part-time work pattern as a proportion of full time attendance;

“relevant age” means—

• (a) 65 years of age in the case of members who opt to purchase service in accordance with the appropriate Table in Schedule 1, being a Table the heading of which specifies the age of 65;

• (b) 60 years of age in the case of members who opt to purchase service in accordance with the appropriate Table in Schedule 1, being a Table the heading of which specifies the age of 60.

• (2) In Chapter 2, a reference to the purchase of service is a reference to the purchase of notional service.

Application of Part 4

• (a) are in permanent or temporary full time positions or, from 1 September 2001, are in regular part-time posts;

• (b) would have not less than 9 years’ actual pensionable service (excluding purchased notional service) by the time they attain the relevant age;

• (c) subject to Article 49(10), are not on sick leave or suspended from duty (either with or without pay);

• (d) are not disqualified by virtue of having received, or having an entitlement to, retained benefits (within the meaning of Schedule 2); and

• (e) exercise a valid option in accordance with this Part.

Chapter 2 Purchase of Notional Service Generally

General conditions for the purchase of notional service

• (2)
• (a) An option to purchase service by periodic deductions from remuneration may be exercised at any time during the member’s service, provided that—

• (i) he or she is in appropriate service at the time of exercise of the option,

• (ii) not less than 2 years will elapse between the date of the member’s next birthday and the date on which the member will reach the relevant age, and

• (iii) without the purchase of service under this Chapter he or she would not have 40 years pensionable service before reaching the relevant age.

• (b) For the purposes of subparagraph (a), “appropriate service” means—

• (i) service given prior to 1 September 2001 as a teacher in a secondary school, community school or comprehensive school or chaplain in a community school or comprehensive school in a pensionable full time or a job-sharing capacity;

• (ii) service given on or after 1 September 2001 as a pensionable full time or a regular part-time teacher in a secondary school, community school or comprehensive school or chaplain in a community school or comprehensive school.

• (3) An option to purchase service by lump sum payment may be exercised while a person is a member of Part 2 subject to the following conditions:

• (a) where the option is exercised on or after 27 October 2006, it shall be exercised—

• (i) by way of a lump sum contribution once during each year, provided that—

• (I) the amount of contribution is not less than 10% of the member’s remuneration or net remuneration, as appropriate, or

• (II) where the amount of the contribution that would be required to purchase all of the service that is capable of being purchased under this Chapter is less than 10% of the member’s remuneration or net remuneration, as appropriate, the member shall purchase all of the service capable of being so purchased;

or