(a) any reference to, or to things done or falling to be done under or for the purposes of, any provision of these Regulations shall, if and so far as the nature of the reference permits, be construed as including, in relation to circumstances or purposes in relation to which the corresponding provision in any Regulations revoked by these Regulations, or in previous provisions, has or had effect, a reference to, or as the case may be to things done or falling to be done under or for the purposes of, that corresponding provision;

(b) any reference to the purchase of added years shall, in relation to previous provisions, be construed as including a reference to the payment of contributions by a person in respect of a period during which he was not in pensionable employment;

(c) any reference to contributions and benefits payable in respect of a person shall be construed as including a reference to contributions paid by him and benefits paid to him; and

(d) any reference to a transfer value paid or received shall be construed as including a reference to a transfer value which would have been paid or received but for arrangements made for the avoidance of payments between Departments.

    (3) For the purposes of these Regulations - 

(a) a person is qualified, or qualified by service, for a benefit if, on the day following his ceasing to be employed in reckonable service, he is entitled to payment thereof or would be so entitled but for his age;

(b) a person shall be taken to have ceased to be employed in reckonable service on the last day he is so employed or, as the case may be, the last day on which the employment was pensionable.

(a) may be made at any time by giving written notice to the Department; and

(b) has effect from the first day of the month following that in which the Department notifies the person making it of its acceptance unless the Department specifies an earlier date.

(a) the amounts payable by his employer, in respect of his pensionable employment - 


(i) by way of salary; and

(ii) in satisfaction of any statutory liability arising out of sickness or maternity; and



(b) if the employer has satisfied the Department that it is expedient for residential accommodation to be provided free in connection with the employment, the money value as an allowance in kind of - 



(i) the accommodation provided; and

(ii) any heating or lighting provided free in connection with such accommodation.

    (2) Where a person's contributable salary is reduced due to maternity leave or adoption leave the employee's contributions shall be based on the actual rate of salary paid and the employer's contributions shall be based on the notional rate as defined in paragraph (6).

    (3) If the money value of any accommodation provided, as mentioned in paragraph (1)(b)(i), exceeds one sixth of the amounts mentioned in paragraph (1)(a), the excess is not part of the person's contributable salary.

    (4) A person's contributable salary does not include - 

(a) any allowance in kind not falling within paragraph (1)(b);

(b) any payment in respect of overtime;

(c) any payment by way of travelling or expense allowance; or

(d) any payment by way of bonus.

    (5) For the purposes of paragraph (4) - 

(a) a payment by way of bonus shall not include any payment calculated by reference to the performance of the person in question or the performance of the institution where he is employed;

(b) a payment by way of bonus shall not include any payment made to the person in question where such a payment is made as part of a pay settlement which applies to all persons, or to all persons of a particular class or description, employed at the institution;

(c) if at any time a payment is made to a person which is not part of his contributable salary then any subsequent payment of the same nature is a payment by way of bonus (whether or not it is described as such); and

(d) if at any time a payment is made to a person which is part of his contributable salary then any subsequent payment of the same nature is not a payment by way of bonus (whether or not it is described as such).

    (6) A person who continues in full-time pensionable employment but whose contributable salary is reduced, otherwise than by reason of sick leave, adoption leave or maternity leave, may elect that it is to be treated as having continued at the rate applicable immediately before the reduction ("the notional rate").

    (7) An election for the purposes of paragraph (6) - 

(a) shall be made by giving written notice to the Department within 3 months after the reduction;

(b) has effect from the day after the last day on which the person's salary was payable at the rate applicable before the reduction; and

(c) subject to paragraph (9), continues to have effect until a relevant event occurs in relation to the person who made it.

    (8) For the purposes of paragraph (7)(c) the relevant events in relation to any person are - 

(a) the actual rate at which the salary is paid exceeds the notional rate;

(b) that person enters employment as a temporary teacher or part-time pensionable employment; and

(c) unless he elects to pay additional contributions under regulation C6 or C7, that person ceases to be in pensionable employment.

    (9) An election made for the purposes of paragraph (6) may be cancelled by giving written notice to the Department at any time.

    (10) Notice of cancellation under paragraph (9) - 

(a) has effect from the first day of the month following that in which it was received; and

(b) is irrevocable.