The Teachers' Superannuation (Scotland) Regulations 2005
S.S.I. 2005/393 · Made 21 July 2005
PENSIONS
Made 21st July 2005
Laid before the Scottish Parliament 5th August 2005
Coming into force in accordance with regulation A1(1)
The Scottish Ministers, in exercise of the powers conferred by sections 9 and 12 of, and Schedule 3 to, the Superannuation Act 1972f1 and of all other powers enabling them in that behalf, after consulting with representatives of education authorities and of teachers and with such representatives of other persons likely to be affected by these Regulations as appear to them to be appropriate in accordance with section 9(5) of that Act, and with the consent of the Treasuryf2, hereby make the following Regulations:
Annotations to the whole text
Footnotes
- f1
-
1972 c. 11; section 9 was amended by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7) (“the 1990 Act”), sections 4(1), 8(3) and (4) and 11, the Pension Schemes Act 1993 (c. 48), section 190 and Schedule 8, paragraph 7 and the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), article 107. Section 12 was amended by the 1990 Act, section 10. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999, article 2 and Schedule 1 (S.I. 1999/1750).
- f2
-
This function was transferred to the Treasury by the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670) and is still exercisable by virtue of S.I. 1999/1750, article 2 and Schedule 1.
Contents
- Part A: PRELIMINARY
- A1Citation, commencement and extent
- A2Interpretation
- Part B: PENSIONABLE EMPLOYMENT
- B1Full-time service
- B2Part-time service
- B3Concurrent full-time and part-time service
- B4Continuing employment
- B5Accepted school
- B6Employment not pensionable
- B7Election for employment not to be pensionable
- B8Resumption of pensionable status
- B9Further employment
- Part C: TEACHERS' CONTRIBUTIONS
- C1Salary on which contributions are payable
- C2Salary on which contributions are payable – election
- C3Ordinary contributions
- C4Contributions where an election under regulation B2(4) has been made
- C5Additional contributions to purchase past added years
- C6Additional contributions to purchase past added years in the case of a deceased teacher
- C7Additional contributions to purchase past added years under earlier provisions
- C8Additional contributions to purchase current added years
- C9Additional contributions for current period: service in a reserve force
- C10Additional contributions for family benefits
- C11Return of contributions
- C12Calculation for the purposes of regulation C11
- C13Return of certain contributions paid for family benefits
- C14Repayment of returned contributions
- C15Deduction, payment and recovery of contributions
- Part D: RECKONABLE SERVICE
- D1Reckonable service generally
- D2Exclusion from reckonable service
- D3Past added years for which additional contributions have been paid
- D4Current added years for which additional contributions have been paid
- Part E: BENEFITS
- E1Overriding provisions as to guaranteed minimum pension
- E2Residual liability for guaranteed minimum pensions and for section 9(2B) rights
- E3Revaluation of guaranteed minimum in certain cases
- E4Nature of retirement benefits
- E5Qualification for retirement benefits
- E6Entitlement to payment of retirement benefits
- E7Amount of retirement pension
- E8Amount of retirement lump sum
- E9Limitation of retirement benefits in certain cases
- E10Enhancement of retirement benefits in case of incapacity
- E11Avoidance of duplicate pensions
- E12Modification for national insurance
- E13Pension debit member
- E14Allocation of part of retirement pension
- E15Duration of retirement pension
- E16Suspension and resumption of incapacity pensions
- E17Withdrawal of incapacity pensions
- E18Abatement of retirement pension
- E19Retirement benefits on cessation of further employment which began on or before 30th September 2001
- E20Retirement benefits on cessation of further employment which began on or after 1st October 2001
- E21Grants on grounds of incapacity
- E22Forfeiture of benefits
- E23Commutation: exceptional circumstances of ill-health
- E24Death grants
- E25Deficiency grants
- E26Family benefits generally
- E27Nomination of beneficiaries
- E28Entitlement to short-term family benefits
- E29Amount and duration of short-term family benefits
- E30Entitlement to long-term family benefits
- E31Amounts of spouses' and nominated beneficiaries' long-term pensions
- E32Amounts of children’s long-term pensions
- E33Commencement and duration of long-term family pensions
- E34Pensionable salary
- E35Effective reckonable service
- E36Payment of benefits
- E37Interest on late payment of certain benefits
- E38Benefits not assignable
- Part F: PENSION SHARING
- F1Pension sharing mechanism in the Scheme
- F2Pension sharing order activates pension sharing creating pension debits and credits
- F3Calculation of the appropriate amount
- F4Pension debits and reduction of benefit
- F5Effect of pension sharing on protected rights and guaranteed minimum pension
- F6Discharge of pension credit liability
- F7Adjustment of the amount of the pension credit – payments made without the knowledge of the pension debit
- F8Implementation period for discharge of pension credit
- F9Failure to discharge liability in respect of pension credit within the implementation period – death of ex spouse within period
- F10Appropriate rights and pension credit benefits under the Scheme
- F11Additional contributions and additional periods
- F12Commutation: small pensions
- F13Commutation: exceptional ill-health
- F14Transfer values
- F15Charges in respect of pension sharing costs
- F16Excluded membership
- F17Assignment
- F18Payment of benefits/Interest on late payment of certain benefits
- Part G: TRANSFER VALUES
- G1Payment of transfer values
- G2Acceptance of transfer values
- Part H: FINANCE
- H1Teachers' superannuation account
- H2Actuarial review
- H3Employers' contributions
- H4Employers' contributions – employees' elections under regulation C2
- H5Employers' contributions – part time elections
- H6Payment by employers to Scottish Ministers
- Part J: MISCELLANEOUS AND SUPPLEMENTAL
- J1Modified application in case of employment at reduced salary
- J2Winding down employment
- J3Modified application in certain other cases
- J4Records and information
- J5Payments in respect of deceased persons
- J6Repayment of contributions where an election is not made under regulation H6(5)
- J7Extension of time
- J8Determination of questions
- J9Commutation of benefits
- J10Revocations, savings and transitional provisions
- Signature
- Schedule 1GLOSSARY OF EXPRESSIONS
- Schedule 2: PENSIONABLE EMPLOYMENT
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Schedule 3: MAXIMUM PURCHASE OF ADDED YEARS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 4: ADDITIONAL CONTRIBUTIONS TO PURCHASE PAST ADDED YEARS
- Part I: METHOD A
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part II: METHOD B
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule 5: ADDITIONAL CONTRIBUTIONS TO PURCHASE ADDED YEARS UNDER EARLIER PROVISIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part II
- 6Paragraph 6
- Schedule 6: FAMILY BENEFITS
- Part I: CONTRIBUTIONS: MEN AND UNMARRIED WOMEN
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part II: CONTRIBUTIONS: MARRIED WOMEN
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Part III: COMMON PROVISIONS
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Schedule 7: INCOMPLETE PAYMENT OF ADDITIONAL CONTRIBUTIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 8: PERIODS MAKING UP QUALIFYING PERIOD
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 9: MODIFIED APPLICATION IN CERTAIN CASES
- Part I: NATIONAL INSURANCE MODIFICATION OF PENSIONS
- 1Interpretation
- 2Classification of teachers
- 3Reduction of retirement pension
- 4Reduction of retirement pension
- 5Reduction of retirement pension
- 6Reduction of retirement pension
- 7Reduction of retirement pension
- 8Reduction of retirement pension
- 9Reduction of retirement pension
- 10Equivalent pension benefits
- 11Equivalent pension benefits
- Part II: EMPLOYMENT AT REDUCED SALARY
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Part III: POLICY SCHEMES
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Part IV: SPECIFIED COUNTRY SERVICE
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Part V: PERSONS FORMERLY MEMBERS OF THE NATIONAL HEALTH SERVICE PENSION SCHEME
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- Schedule 10Schedule 10
- Schedule 11: ALLOCATION OF PART OF RETIREMENT PENSION
- Part I: CONTENTS OF DECLARATION
- 1Paragraph 1
- Part II: PROCEDURE
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part III: OTHER MATTERS
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 12: TRANSFER VALUES
- Part I: OUTWARD TRANSFERS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Part II: INWARD TRANSFERS
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Part III: INTERPRETATION
- 14Paragraph 14
- Schedule 13: REVOCATIONS, SAVINGS AND TRANSITIONAL PROVISIONS
- IREVOCATIONS
- Part II: SAVINGS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part III: TRANSITIONAL PROVISIONS
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Explanatory note