OpenLegislation

The Teachers' Pension Scheme Regulations 2014

S.I. 2014/512 · Made 5 March 2014 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2025.

Public Service Pensions, England And Wales

Education, England And Wales

Made 5th March 2014

Laid before Parliament 7th March 2014

Coming into force in accordance with regulation 1(2)

M1M2M3M4M5M6M7M8The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1(1) , (2)(d) , (3) and (4), 2 , 3(1), (2), (3)(a) and (c) and (4), 4(1) and (3) , 5(1), (2) and (4) , 7(1) and (4) , 8(1)(a) and (2)(a), 14, 18(1), (2), (4)(b) and (5) to (9) and paragraph (c) of the definition of “employer” in section 37, and paragraph 4 of Schedule 1, paragraph 4(a) of Schedule 2, Schedule 3, paragraph 18 of Schedule 5, paragraph 6 of Schedule 6, and paragraphs 1(2)(ii), 2(2)(ii) and 5 of Schedule 7 to the Public Service Pensions Act 2013 .

In accordance with section 21 of that Act, the Secretary of State has consulted the representatives of such persons as appear to the Secretary of State likely to be affected by these Regulations.

In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.C1

Annotations to the whole text

Marginal citations

M1

See section 1(4) of the Act for the meaning of “scheme regulations”.

M2

See paragraph 4 of Schedule 1 to the Act for the meaning of “teachers”.

M3

See section 2(2) of the Act for the meaning of “responsible authority”.

M4

See section 4(2) of the Act for the meaning of “scheme manager”. See section 4(6) of the Act for the meaning of a connected statutory pension scheme.

M5

See section 5(8) of the Act for the meaning of “pension board”.

M6

See section 8(4) of the Act for the meaning of “career average revalued earnings scheme”.

M7

See section 18(2) of, and paragraph 18 of Schedule 5 to, the Act for the meaning of the existing scheme.

M8

2013 c.25.

Modifications

C1

Regulations restricted (1.10.2023) by The Teachers’ Pension Scheme (Remediable Service) Regulations 2023 (S.I. 2023/871), regs. 1(b), 30

Contents

  1. Part 1: Preliminary
  2. 1Citation, extent and commencement
  3. 2Establishment of Teachers' Pension Scheme 2015
  4. 3Interpretation
  5. 4Connected schemes
  6. 5Leaving pensionable service
  7. 6Leaving eligible employment
  8. Part 2: Governance
  9. 7Scheme manager
  10. 8Establishment of pension board
  11. 9Membership of pension board
  12. 10Conflict of interest
  13. 11Establishment of scheme advisory board
  14. 12Membership of scheme advisory board
  15. 13Conflict of interest
  16. Part 3: Scheme membership
  17. Chapter 1: Interpretation
  18. 14Meaning of “an eligible employment”
  19. 15Meaning of “P's automatic enrolment date” and “P's automatic re-enrolment date”
  20. 16Meaning of “full-time” and “part-time” employment
  21. 17Meaning of “irregular employment”
  22. 18Meaning of “opt-out notice” and “opt-in notice”
  23. Chapter 2: Membership
  24. 19Eligibility for active membership
  25. 20More than one employment
  26. 21Dual capacity membership
  27. 22Payment of retirement benefits to dual capacity members
  28. Chapter 3: Pensionable service
  29. General provisions
  30. 23Service not pensionable unless member is entitled to pay
  31. 24Service not pensionable unless members' contributions are paid
  32. Service in Her Majesty's armed forces
  33. 25Pensionable service – armed forces service
  34. 26Election for armed forces service to be pensionable
  35. Pensionable service on or after automatic enrolment date
  36. 27Pensionable service on or after automatic enrolment date
  37. 28Opting out of this scheme after automatic enrolment date
  38. 29Opting into this scheme after automatic enrolment date
  39. Pensionable service before automatic enrolment date
  40. 30Pensionable service before automatic enrolment date
  41. 31Opting out of this scheme before automatic enrolment date
  42. 32Opting into this scheme before automatic enrolment date
  43. Chapter 4: Pensionable earnings
  44. 33Interpretation
  45. 34Pensionable earnings for school teachers
  46. 35Pensionable earnings for other members
  47. 36Amounts not forming part of pensionable earnings
  48. 37Application for residential benefits in kind to form part of pensionable earnings
  49. 38Money value of residential benefits in kind to form part of pensionable earnings
  50. 39Pensionable earnings for the purpose of accruing benefits
  51. Chapter 5: Annual rate of pensionable earnings for multiple employments
  52. 40Multiple regular full-time or part-time employments
  53. 41Multiple employments including at least one irregular employment
  54. Part 4: Pension accounts
  55. Chapter 1: Interpretation
  56. 42Interpretation
  57. 43Pensionable service
  58. 44Meaning of “leaver index adjustment”
  59. 45Meaning of “leaver PIA index adjustment”
  60. Chapter 2: Calculation of accrued pension
  61. 46Calculation of amount of accrued pension for purposes of deferment or full retirement
  62. 47Calculation of amount of accrued pension for purpose of phased retirement
  63. Chapter 3: Pension accounts: general
  64. 48Establishment of pension accounts: general
  65. 49Closure of pension accounts on transfer out or repayment of balance of contributions
  66. Chapter 4: Active member's account
  67. 50Establishment of active member's account
  68. 51Receipt of transfer values
  69. 52Receipt of club transfer values
  70. 53Account to specify amount of pension for a financial year
  71. 54Account to specify opening balance and index adjustment
  72. 55Ill-health pension ceases to be payable
  73. 56Phased retirement pension ceases to be payable
  74. Chapter 5: Additional pension account
  75. 57Establishment of additional pension account
  76. 58Account to specify amount of additional pension
  77. 59Account to specify opening balance and PIA index adjustment
  78. 60Ill-health pension ceases to be payable
  79. 61Phased retirement pension ceases to be payable
  80. Chapter 6: Deferred member's account
  81. 62Establishment of deferred member's account
  82. 63Account to specify amount of accrued earned pension and leaver index adjustment
  83. 64Deferred member's account closed after break not exceeding 5 years
  84. 65Deferred member's account closed after service under another public service scheme
  85. 66Deferred member's account remains open after a gap in service of more than 5 years
  86. 67Deferred member's account established after ill-health pension ceases to be payable
  87. 68Deferred member's account established after phased retirement pension ceases to be payable
  88. Chapter 7: Pensioner members' accounts
  89. Interpretation
  90. 69Meaning of “full retirement earned pension”
  91. 70Meaning of “full retirement additional pension”
  92. 71Meaning of “phased retirement earned pension”
  93. 72Meaning of “phased retirement additional pension”
  94. 73Meaning of “standard reduction”
  95. 74Meaning of “actuarial adjustment”
  96. 75Meaning of “conversion amount”
  97. Establishment of pensioner members' accounts
  98. 76Pension accounts for active or deferred members who become pensioner members
  99. 77Pension accounts for phased retirement members
  100. Closure of accounts
  101. 78Ill-health pension ceases to be payable
  102. 79Phased retirement pension ceases to be payable
  103. Chapter 8: Pension credit member's pension account
  104. 80Pension credit member's pension account
  105. 81Separate account for each capacity of membership
  106. Part 5: Retirement benefits for teachers
  107. Chapter 1: Interpretation
  108. 82Qualifying for retirement benefits
  109. 83Re-qualifying for retirement benefits in respect of post-benefit service
  110. 84Payment of retirement benefits for post-benefit service
  111. Chapter 2: Age retirement
  112. 85Meaning of “entitlement day” (age retirement pension)
  113. 86Entitlement to age retirement pension
  114. 87Annual rate of age retirement pension
  115. 88Arrears of pension payable to deferred member who becomes pensioner member after reaching normal pension age
  116. Chapter 3: Phased retirement
  117. 89Interpretation of Chapter
  118. 90The reduced annual rate condition
  119. 91The new employment condition
  120. 92Meaning of “entitlement day” (phased retirement pension)
  121. 93Entitlement to phased retirement pension
  122. 94Phased retirement applications
  123. 95Phased retirement proportion
  124. 96Annual rate of phased retirement pension
  125. 97Cessation of phased retirement pension
  126. 98Subsequent phased retirement applications
  127. Chapter 4: Premature retirement
  128. 99Interpretation of “pensionable service”
  129. 100Meaning of “entitlement day” (premature retirement pension)
  130. 101Entitlement to premature retirement pension
  131. 102Annual rate of premature retirement pension
  132. Chapter 5: Early retirement
  133. 103Meaning of “entitlement day” (early retirement pension)
  134. 104Entitlement to early retirement pension
  135. 105Annual rate of early retirement pension
  136. Chapter 6: Ill-health retirement
  137. General
  138. 106Interpretation
  139. 107Incapacity definitions
  140. 108Ill-health applications
  141. Ill-health pension
  142. 109Entitlement day for ill-health pension
  143. 110Entitlement to ill-health pension
  144. 111No entitlement to ill-health pension
  145. 112When ill-health pension does not become payable
  146. 112AWhen ill-health pension is taken to become payable before death of member: commutation of whole pension (serious ill-health)
  147. 113Annual rate of ill-health pension
  148. 114When ill-health pension ceases to be payable
  149. Total incapacity pension
  150. 115Meaning of “entitlement day” (total incapacity pension)
  151. 116Entitlement to total incapacity pension
  152. 117Annual rate of total incapacity pension
  153. 118Cessation of total incapacity pension
  154. Chapter 7: Short-service serious ill-health grant
  155. 119Application for payment of grant
  156. 120Meaning of “entitlement day” (short-service serious ill-health grant)
  157. 121Entitlement to short-service serious ill-health grant
  158. 122Amount of grant
  159. Chapter 8: Short-service annuity for post-benefit service
  160. 123Meaning of “entitlement day” (short-service annuity)
  161. 124Entitlement to short-service annuity
  162. 125Annual rate of short-service annuity
  163. Part 6: Survivor's benefits
  164. Chapter 1: General interpretation
  165. 126General
  166. 127Meaning of “dies in service”
  167. 128Meaning of “dies out of service”
  168. 129Meaning of “dies as a pensioner member”
  169. 130When a retirement pension does not become payable
  170. 131Payment of survivor benefits for post-benefit service
  171. 132Death of a dual capacity member
  172. Chapter 2: Specific interpretation
  173. 133Meaning of “death grant beneficiary”
  174. 134Meaning of “surviving adult”
  175. 135Surviving qualifying partner
  176. 136Meaning of “surviving nominated beneficiary”
  177. 137Meaning of “eligible child”
  178. Chapter 3: Death grant
  179. General
  180. 138Payment of death grant
  181. Death in service
  182. 139Death in service grant
  183. Death out of service
  184. 140Death out of service grant
  185. 141Supplementary death grant payable on death of pensioner member
  186. 141APension protection lump sum death benefit
  187. Chapter 4: Surviving adult pensions
  188. 142Surviving adult pensions
  189. 143Annual rate of surviving adult pension: short-term
  190. 144Annual rate of surviving adult pension: long-term
  191. 145Enhancement of surviving adult pension
  192. Chapter 5: Additional (surviving adult) pensions
  193. 146Additional pensions for surviving adults
  194. 147Annual rate of additional (surviving adult) pension: short-term
  195. 148Annual rate of additional (surviving adult) pension: long-term
  196. Chapter 6: Child pensions
  197. 149Entitlement to child pension
  198. 150Annual rate of child pension: short-term
  199. 151Annual rate of child pension: long-term
  200. 152Enhancement of child pension
  201. Part 7: Benefits for pension credit members
  202. Chapter 1: General
  203. 153Interpretation
  204. Chapter 2: Pension credit retirement pension
  205. 154Entitlement day for pension credit retirement pension
  206. 155Entitlement to pension credit retirement pension
  207. 156Annual rate of pension credit retirement pension
  208. Chapter 3: Death grant
  209. 157Meaning of death grant beneficiary
  210. 158Death grant: death of pension credit member before pension becomes payable
  211. 159Death grant: death of pension credit member after benefits payable
  212. 160Payment of death grant
  213. Part 8: Payment of benefits
  214. Chapter 1: Application for payment of benefits
  215. 161Benefits payable by the scheme manager
  216. 162Application for payment of benefits
  217. Chapter 2: Payment of pensions
  218. 163Interpretation
  219. 164Monthly payment of pension
  220. 165Quarterly payment of pension
  221. 166Apportionment Act 1870 not to apply
  222. Chapter 3: Payment of lump sums
  223. 167Member declaration
  224. 168Conversion of part of pension
  225. 169Amount of lump sum payable under regulation 168
  226. 170Conversion amount
  227. 171Commutation of whole pension (serious ill-health)
  228. 172Amount of lump sum payable under regulation 171 instead of retirement pension
  229. 173Amount of lump sum payable under regulation 171 instead of a pension credit retirement pension
  230. 174Commutation: small pensions
  231. Chapter 4: Continuing entitlement to benefit
  232. 175Evidence of continuing entitlement to benefit
  233. 176Cessation of benefits where no entitlement
  234. Chapter 5: Miscellaneous
  235. 177Recovery of overpayment of benefits
  236. 178Interest on late payment of benefits
  237. 179Payment of benefits in certain cases
  238. 180Benefits not assignable
  239. 181Forfeiture of benefits
  240. 182Reduction of benefits: annual allowance and lifetime allowance charge
  241. 183General prohibition on unauthorised payments
  242. Part 9: Contributions
  243. Chapter 1: Interpretation of Part
  244. 184Pensionable earnings for a pay period
  245. Chapter 2: Members' contributions
  246. 185Members' contributions
  247. 186Contributions under Schedule 2
  248. 187Contributions payable during a period of permanent service in the armed forces
  249. Chapter 3: Repayment of members' contributions after short-service
  250. 188Meaning of “entitlement day” (repayment of balance of contributions)
  251. 189Entitlement to repayment of balance of contributions
  252. 190Application for repayment of balance of contributions
  253. 191Calculation of balance of contributions
  254. Chapter 4: Employers' contributions
  255. 192Employers' contributions
  256. Chapter 5: Deduction and payment of contributions
  257. 193Deduction of contributions from pensionable earnings
  258. 194Deductions not made before an employment ends
  259. 195Recovery of unpaid contributions from benefits
  260. 196Payment by employers to scheme manager
  261. Part 10: Transfers
  262. Chapter 1: Preliminary
  263. 197Application of Part
  264. 198Interpretation of Part
  265. Chapter 2: Transfers on a cash equivalent basis
  266. Application of Chapter
  267. 199Application of Chapter
  268. Transfers out
  269. 200Application of this Section
  270. 201Application for a statement of entitlement
  271. 202Application for payment of a transfer value
  272. 203Payment of a transfer value
  273. Transfers in
  274. 204Application for acceptance of a transfer value
  275. 205Acceptance of a transfer value
  276. 206Amount of transferred pension
  277. Chapter 3: Club transfers
  278. Application of Chapter
  279. 207Application of Chapter
  280. Transfers out
  281. 208Application of this Section
  282. 209Application for a club transfer statement of entitlement
  283. 210Application for payment of a club transfer value
  284. 211Payment of a club transfer value
  285. Transfers in
  286. 212Application for acceptance of a club transfer value
  287. 213Acceptance of a club transfer value
  288. 214Amount of club transfer earned pension
  289. Chapter 4: Making a bulk transfer payment
  290. 215Application of Chapter
  291. 216Making a bulk transfer payment
  292. Chapter 5: Accepting a bulk transfer payment
  293. 217Application of Chapter
  294. 218Accepting a bulk transfer payment
  295. Part 11: Miscellaneous and supplemental
  296. 219Employment records
  297. 220Information and documents
  298. 221Provision of benefit information statements to members
  299. 222Extension of time
  300. 223Guaranteed minimum pension
  301. 224Transitional provisions
  302. 225Scheme valuation and employer cost cap
  303. Signature
  304. Schedule 1: Eligible employment
  305. Part 1: General
  306. Chapter 1: Interpretation
  307. 1Interpretation
  308. 2Meaning of “accepted school”
  309. 2AAccepted phased withdrawal school
  310. 3Accepted function providers
  311. Chapter 2: Fair Deal transfers
  312. 4Interpretation
  313. 5Meaning of “accepted member”
  314. 6Meaning of “accepted employer”
  315. 7Obligations of an accepted employer
  316. 8Ceasing to be an accepted employer
  317. Part 2: Service pensionable without election
  318. 9Paragraph 9
  319. 10Paragraph 10
  320. 11Paragraph 11
  321. 11AParagraph 11A
  322. 12Paragraph 12
  323. 13Paragraph 13
  324. 14Paragraph 14
  325. 15Paragraph 15
  326. 16Paragraph 16
  327. 17Paragraph 17
  328. 18Paragraph 18
  329. 19Paragraph 19
  330. 20Paragraph 20
  331. 21Paragraph 21
  332. 22Paragraph 22
  333. 22AParagraph 22A
  334. 23Paragraph 23
  335. Part 3: Service pensionable on election
  336. 24Paragraph 24
  337. 25Paragraph 25
  338. 26Paragraph 26
  339. Part 4: Service pensionable on election with employer consent
  340. 27Paragraph 27
  341. 28Paragraph 28
  342. 29Paragraph 29
  343. 30Paragraph 30
  344. 31Paragraph 31
  345. 32Paragraph 32
  346. 33Paragraph 33
  347. 34Paragraph 34 Repealed
  348. 35Paragraph 35
  349. Schedule 2: Scheme flexibilities
  350. Part 1: General
  351. 1Interpretation of Schedule
  352. 2Meaning of “amount of extra pension”
  353. 3Meaning of “overall amount of extra pension”
  354. 4Limit on elections
  355. 5Actuarial advice
  356. Part 2: Additional pension election
  357. Chapter 1: Making an additional pension election
  358. 6Election to pay contributions for additional pension
  359. 7Annual rate of additional (self only) pension
  360. 8Lump sum or monthly payments
  361. 9Making an additional pension election
  362. 10Accepting an additional pension election
  363. Chapter 2: Amount of additional pension contributions
  364. 11Determination of contributions payable
  365. Chapter 3: Additional pension contributions paid by lump sum
  366. 12Lump sum contributions: payment of contributions and credit of additional pension
  367. 13Refund of lump sum contribution
  368. Chapter 4: Additional pension contributions by monthly payments
  369. 14Application of Chapter
  370. 15Payment of contributions
  371. 16Member leaves all pensionable service before end of contributions payment period
  372. 17Retirement pension (other than ill-health pension) becomes payable before end of contributions payment period
  373. Chapter 5: Revocation and refund
  374. 18Revoking an additional pension election
  375. 19Ill-health pension becomes payable before end of contributions payment period
  376. 20Death in service before end of contributions payment period
  377. 21Member leaves all pensionable service before qualifying for retirement benefits
  378. Part 3: Faster accrual election
  379. Chapter 1: Making the election
  380. 22Faster accrual election
  381. 23Making a faster accrual election
  382. 24Accepting a faster accrual election
  383. Chapter 2: Payment of contributions
  384. 25Determination of contributions payable
  385. 26Payment of contributions
  386. Chapter 3: Revocation and refund
  387. 27Revoking a faster accrual election
  388. 28Member leaves all pensionable service before qualifying for retirement benefits
  389. Part 4: Election to buy out the standard reduction
  390. Chapter 1: Making a buy-out election
  391. 29Eligible to make buy-out election
  392. 30Making a buy-out election
  393. 31Accepting a buy-out election
  394. 32Determination of the buy-out value
  395. Chapter 2: Payment of buy-out contributions
  396. 33Determination of contributions payable
  397. 34Payment of buy-out contributions
  398. 35Monthly payments during gap in service
  399. Chapter 3: Revocation and refund
  400. 36Revoking a buy-out election
  401. 37Member leaves all pensionable service before qualifying for retirement benefits
  402. Schedule 3: Transitional provisions
  403. Part 1: Interpretation
  404. 1Interpretation
  405. 2Active membership of the existing scheme
  406. 3Gap in service after scheme closing date
  407. 4Meaning of “tapered protection closing date”
  408. 5Continuity of service
  409. Part 2: Exceptions for full protection members
  410. 6Meaning of “full protection member”
  411. 7Active members of the existing scheme
  412. 8Active members of an existing public service scheme
  413. 9Fair Deal members
  414. 10Exception for full protection member during protection period
  415. 11Exception for Fair Deal full protection member during protection period
  416. 12Full protection member not eligible to join this scheme
  417. Part 3: Exceptions for tapered protection members
  418. 13Meaning of “tapered protection member”
  419. 14Active members of the existing scheme
  420. 15Active members of an existing public service scheme
  421. 16Fair Deal members
  422. 17Exception for tapered protection members during protection period
  423. 18Exception for Fair Deal tapered protection member during protection period
  424. 19Tapered protection member not eligible to join this scheme
  425. Part 4: Transition members becoming active members of this scheme
  426. 20Meaning of “transition member”
  427. 21Active members of the existing scheme
  428. 22Fair Deal members
  429. 23Transition members with continuity of service
  430. 24Transition members without continuity of service
  431. Part 5: Receipt of club transfer values
  432. 25Application of Part
  433. 26Member with full protection
  434. 27Member with tapered protection or no protection
  435. Part 6: Bulk transfer payments for accepted members
  436. 28Application of Part
  437. 29Accepting a bulk transfer payment
  438. Part 7: Payment of benefits to transition members
  439. Chapter 1: General
  440. 30Reaching normal pension age
  441. 31Application of existing scheme regulations
  442. 32Determination of final salary
  443. 33Annual rate of pension
  444. Chapter 2: Application for payment of benefits
  445. 34Application for payment of age retirement pension
  446. 35Application for payment of phased retirement pension
  447. 36Application for payment of premature retirement pension
  448. 37Application for payment of early retirement pension
  449. 38Application for payment of ill-health pension
  450. 38ATransition member who has not reached normal pension age under the existing scheme
  451. 38BTransition member in receipt of an ill-health pension who has reached normal pension age under the existing scheme
  452. 39Entitlement to payment of total incapacity pension
  453. 39ACalculation of retirement benefits after ill-health pension ceases to be payable: modification
  454. 39BReduction of ill-health pension and total incapacity pension
  455. 40Entitlement to payment of a short-service serious ill-health grant
  456. 41Application for payment of a surviving adult pension
  457. 41ACalculation of a short-term surviving adult pension of a surviving adult of a transition member
  458. 41BLong-term rate of a surviving adult pension of a surviving adult of a transition member
  459. 41CReduction of surviving adult pension
  460. 42Application for payment of an additional (surviving adult) pension
  461. 43Application for payment of a child pension
  462. 43ACalculation of a short-term child pension of an eligible child of a transition member
  463. 43BRate of a long-term child pension of an eligible child of a transition member
  464. 43CReduction of child pension
  465. 44Application for payment of a death in service grant
  466. 45Application for payment of a death out of service grant
  467. 46Application for supplementary death grant
  468. 47Application for payment of benefits for pension credit members
  469. Part 8: Provision in relation to the existing scheme
  470. 48Election for employment not to be pensionable in relation to existing scheme continues to have effect
  471. 49Qualifying for retirement benefits under the existing scheme
  472. 50Repayment of balance of contributions
  473. 51Residential emoluments
  474. 52Transfer payments in respect of the existing scheme
  475. 53Nomination continues to have effect
  476. 54Election to pay contributions by a person serving in a reserve force
  477. 55Commutation: small pensions
  478. Schedule 4: Scheme valuation and employer cost cap
  479. 1Scheme valuation report
  480. 2Employer cost cap
  481. 3Breach of employer cost cap margins
  482. 4Teachers’ Pension Scheme Advisory Board report
  483. 5Action by the responsible authority
  484. 6Timescale for action
  485. Explanatory note