The Teachers’ Pension Scheme (Scotland) ( No. 2) Regulations 2014
S.S.I. 2014/292 · Made 5 November 2014 · Extends to Scotland
This Statutory Instrument has been made in consequence of errors in S.S.I. 2014/217 and is being issued free of charge to all known recipients of that Statutory Instrument.
Public Service Pensions
Made 5th November 2014
Laid before the Scottish Parliament 7th November 2014
Coming into force in accordance with regulation 1(2)
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 1(1) and (2)(d) of, and paragraph 4(b) of Schedule 2 to, the Public Service Pensions Act 2013f1 and all other powers enabling them to do so.
In accordance with section 21(1) of that Act, the Scottish Ministers consulted the representatives of such persons as appeared to the Scottish Ministers 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
Modifications
- C1
Regulations restricted (1.10.2023) by The Teachers’ Pensions (Remediable Service) (Scotland) Regulations 2023 (S.S.I. 2023/241), regs. 1(b), 30
Footnotes
- f1
Contents
- Part 1: Preliminary
- 1Citation, extent and commencement
- 2Establishment of Scottish Teachers’ Pension Scheme 2015
- 3Interpretation
- 4Connected schemes
- 5Leaving pensionable service
- 6Leaving eligible employment
- Part 2: Governance
- 7Scheme manager
- 8Establishment of pension board
- 9Membership of pension board
- 10Establishment of scheme advisory board
- 11Membership of scheme advisory board
- 12Conflict of interest
- Part 3: Scheme membership
- Chapter 1: Interpretation
- 13Meaning of “an eligible employment”
- 14Meaning of “P’s automatic enrolment date” and “P’s automatic re-enrolment date”
- 15Meaning of “full-time” and “part-time” employment
- 16Meaning of “irregular employment”
- 17Meaning of “opt-out notice” and “opt-in notice”
- Chapter 2: Membership
- 18Eligibility for active membership
- 19More than one employment
- 20Dual capacity membership
- 21Payment of retirement benefits to dual capacity members
- Chapter 3: Pensionable service
- General provisions
- 22Service not pensionable unless member is entitled to pay
- 23Service not pensionable unless members’ contributions are paid
- Service in Her Majesty’s armed forces
- 24Pensionable service – armed forces service
- 25Election for armed forces service to be pensionable
- Pensionable service on or after automatic enrolment date
- 26Pensionable service on or after automatic enrolment date
- 27Opting out of this scheme after automatic enrolment date
- 28Opting into this scheme after automatic enrolment date
- Pensionable service before automatic enrolment date
- 29Pensionable service before automatic enrolment date
- 30Opting out of this scheme before automatic enrolment date
- 31Opting into this scheme before automatic enrolment date
- Chapter 4: Pensionable earnings
- 32Interpretation
- 33Pensionable earnings
- 34Amounts not forming part of pensionable earnings
- 35Application for residential benefits in kind to form part of pensionable earnings
- 36Money value of residential benefits in kind to form part of pensionable earnings
- 37Pensionable earnings for the purpose of accruing benefits
- Chapter 5: Annual rate of pensionable earnings for multiple employments
- 38Multiple regular full-time or part-time employments
- 39Multiple employments including at least one irregular employment
- Part 4: Pension accounts
- Chapter 1: Interpretation
- 40Interpretation
- 41Pensionable service
- 42Meaning of “leaver index adjustment”
- 43Meaning of “leaver PIA index adjustment”
- Chapter 2: Calculation of accrued pension
- 44Calculation of amount of accrued pension for purposes of retirement other than phased retirement
- 45Calculation of amount of accrued pension for purpose of phased retirement
- Chapter 3: Pension accounts: general
- 46Establishment of pension accounts: general
- 47Closure of pension accounts on transfer out or repayment of balance of contributions
- Chapter 4: Active member’s account
- 48Establishment of active member’s account
- 49Receipt of transfer values
- 50Receipt of club transfer values
- 51Account to specify amount of pension for a financial year
- 52Account to specify opening balance and index adjustment
- 53Ill-health pension ceases to be payable
- 54Phased retirement pension ceases to be payable
- Chapter 5: Additional pension account
- 55Establishment of additional pension account
- 56Account to specify amount of additional pension
- 57Account to specify opening balance and PIA index adjustment
- 58Ill-health pension ceases to be payable
- 59Phased retirement pension ceases to be payable
- Chapter 6: Deferred member’s account
- 60Establishment of deferred member’s account
- 61Account to specify amount of accrued earned pension and leaver index adjustment
- 62Account closed after break not exceeding 5 years or after service under another public service scheme
- 63Account remains open after disqualifying break of more than 5 years
- 64Account established after ill-health pension ceases to be payable
- 65Account established after phased retirement pension ceases to be payable
- Chapter 7: Pensioner members’ accounts
- Interpretation
- 66Meaning of “full retirement earned pension”
- 67Meaning of “full retirement additional pension”
- 68Meaning of “phased retirement earned pension”
- 69Meaning of “phased retirement additional pension”
- 70Meaning of “standard reduction”
- 71Meaning of “actuarial adjustment”
- 72Meaning of “commutation amount”
- Establishment of pensioner members’ accounts
- 73Pension accounts for active or deferred members who become pensioner members
- 74Pension accounts for phased retirement members
- Closure of accounts
- 75Ill-health pension ceases to be payable
- 76Phased retirement pension ceases to be payable
- Chapter 8: Pension accounts for pension credit members
- 77Pension accounts for pension credit members
- 78Separate account for each capacity of membership
- Part 5: Retirement benefits for teachers
- Chapter 1: Interpretation
- 79Qualifying for retirement benefits
- 80Re-qualifying for retirement benefits in respect of post-benefit service
- 81Payment of retirement benefits for post-benefit service
- Chapter 2: Age retirement
- 82Meaning of “entitlement day” (age retirement pension)
- 83Entitlement to age retirement pension
- 84Annual rate of age retirement pension
- 85Arrears of pension payable to deferred member who becomes pensioner member after reaching normal pension age
- Chapter 3: Phased retirement
- 86Interpretation of Chapter
- 87The reduced annual rate condition
- 88The new employment condition
- 89Meaning of “entitlement day” (phased retirement pension)
- 90Entitlement to phased retirement pension
- 91Phased retirement applications
- 92Phased retirement proportion
- 93Annual rate of phased retirement pension
- 94Cessation of phased retirement pension
- 95Subsequent phased retirement applications
- Chapter 4: Premature retirement
- 96Interpretation “pensionable service”
- 97Meaning of “entitlement day” (premature retirement pension)
- 98Entitlement to premature retirement pension
- 99Annual rate of premature retirement pension
- Chapter 5: Early retirement
- 100Meaning of “entitlement day” (early retirement pension)
- 101Entitlement to early retirement pension
- 102Annual rate of early retirement pension
- Chapter 6: Ill health retirement
- General
- 103Interpretation
- 104Incapacity definitions
- 105Ill-health applications
- Ill-health pension
- 106Entitlement day for ill-health pension
- 107Entitlement to ill-health pension
- 108No entitlement to ill-health pension
- 109When ill-health pension does not become payable
- 110Annual rate of ill-health pension
- 111When ill-health pension ceases to be payable
- Total incapacity pension
- 112Meaning of “entitlement day” (total incapacity pension)
- 113Entitlement to total incapacity pension
- 114Annual rate of total incapacity pension
- 115Cessation of total incapacity pension
- Chapter 7: Short-service serious ill health grant
- 116Application for payment of grant
- 117Meaning of “entitlement day” (short-service serious ill-health grant)
- 118Entitlement to short-service serious ill-health grant
- 119Amount of grant
- Chapter 8: Short-service annuity for post-benefit service
- 120Meaning of “entitlement day” (short-service annuity)
- 121Entitlement to short-service annuity
- 122Annual rate of short-service annuity
- Part 6: Survivor’s benefits
- Chapter 1: General interpretation
- 123General
- 124When a retirement pension does not become payable
- 125Meaning of “dies in service”
- 126Meaning of “dies out of service”
- 127Meaning of “dies as a pensioner member”
- 128Payment of survivor benefits for post-benefit service
- 129Death of a dual capacity member
- Chapter 2: Specific interpretation
- 130Meaning of “death grant beneficiary”
- 131Meaning of “surviving adult”
- 132Meaning of “surviving nominated partner”
- 133Meaning of “surviving nominated beneficiary”
- 134Meaning of “eligible child”
- Chapter 3: Death grant
- General
- 135Payment of death grant
- Death in service
- 136Death in service grant
- Death out of service
- 137Death out of service grant
- 138Supplementary death grant payable on death of pensioner member
- Chapter 4: Surviving adult pensions
- 139Surviving adult pensions
- 140Annual rate of surviving adult pension: short-term
- 141Annual rate of surviving adult pension: long-term
- 142Enhancement of surviving adult pension
- Chapter 5: Additional (surviving adult) pensions
- 143Additional pensions for surviving adults
- 144Annual rate of additional (surviving adult) pension: short-term
- 145Annual rate of additional (surviving adult) pension: long-term
- Chapter 6: Child pensions
- 146Entitlement to child pension
- 147Annual rate of child pension: short-term
- 148Annual rate of child pension: long-term
- 149Enhancement of child pension
- Part 7: Benefits for pension credit members
- Chapter 1: General
- 150Interpretation of Part
- Chapter 2: Pension credit retirement pension
- 151Entitlement day for pension credit retirement pension
- 152Entitlement to pension credit retirement pension
- 153Annual rate of pension credit retirement pension
- Chapter 3: Death grant
- 154Meaning of death grant beneficiary
- 155Death grant: death of pension credit member before pension becomes payable
- 156Death grant: death of pension credit member after benefits payable
- 157Payment of death grant
- Part 8: Payment of benefits
- Chapter 1: Application for payment of benefits
- 158Benefits payable by the scheme manager
- 159Application for payment of benefits
- Chapter 2: Payment of pensions
- 160Payment of pension
- Chapter 3: Payment of lump sums
- 161Member declaration
- 162Commutation of part of pension
- 163Amount of lump sum payable under regulation 162
- 164Commutation amount for lump sum payable under regulation 162
- 165Commutation of whole pension (serious ill-health)
- 166Amount of lump sum payable under regulation 165 instead of retirement pension
- 167Amount of lump sum payable under regulation 165 instead of a pension credit retirement pension
- 168Commutation: small pensions
- Chapter 4: Continuing entitlement to benefit
- 169Evidence of continuing entitlement to benefit
- 170Cessation of benefits where no entitlement
- Chapter 5: Miscellaneous
- 171Recovery of overpayment of benefits
- 172Interest on late payment of benefits
- 173Payment of benefits in certain cases
- 174Benefits not assignable
- 175Forfeiture of benefits
- 176Reduction of benefits: annual allowances and lifetime allowance charge
- 177General prohibition on unauthorised payments
- Part 9: Contributions
- Chapter 1: Interpretation of Part
- 178Pensionable earnings for a pay period
- Chapter 2: Employees’ contributions
- 179Contributions for standard earned pension
- 180Contributions under Schedule 2
- 181Contributions payable during a period of permanent service in the armed forces
- Chapter 3: Repayment of contributions after short service
- 182Meaning of “entitlement day” (repayment of balance of contributions)
- 183Entitlement to repayment of balance of contributions
- 184Application for repayment of balance of contributions
- 185Calculation of balance of contributions
- Chapter 4: Employers’ contributions
- 186Employers’ contributions
- Chapter 5: Deduction and payment of contributions
- 187Deduction of contributions from pensionable earnings
- 188Deductions not made before an employment ends
- 189Recovery of unpaid contributions from benefits
- 190Payment by employers to scheme manager
- Part 10: Transfers
- Chapter 1: Preliminary
- 191Application of Part
- 192Interpretation of Part
- Chapter 2: Transfers on a cash equivalent basis
- Application of Chapter
- 193Application of Chapter
- Transfers Out
- 194Application of this Section
- 195Application for a statement of entitlement
- 196Application for payment of a transfer value
- 197Payment of a transfer value
- Transfers in
- 198Application for acceptance of a transfer value
- 199Acceptance of a transfer value
- 200Amount of transferred pension
- Chapter 3: Club transfers
- Application of Chapter
- 201Application of Chapter
- Transfers out
- 202Application of this Section
- 203Application for a club transfer statement of entitlement
- 204Application for payment of a club transfer value
- 205Payment of a club transfer value
- Transfers in
- 206Application for acceptance of a club transfer value
- 207Acceptance of a club transfer value
- 208Amount of club transfer earned pension
- Part 11: Miscellaneous and supplemental
- 209Employment records
- 210Information and documents
- 211Provision of benefit information statements to members
- 212Extension of time
- 213Guaranteed minimum pension
- 214Transitional provisions
- 214AScheme valuation and employer cost cap
- 215Revocation
- Signature
- Schedule 1: Eligible employment
- Part 1: General
- 1Interpretation
- 2Meaning of “accepted school”
- 2AMeaning of “accepted phased withdrawal school”
- Part 2: Pensionable service
- 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
- 15AParagraph 15A
- 15BParagraph 15B
- 15CParagraph 15C
- 15DParagraph 15D
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Schedule 2: Scheme flexibilities
- Part 1: General
- 1Interpretation of Schedule
- 2Meaning of “amount of extra pension”
- 3Meaning of “overall amount of extra pension”
- 4Limit on elections
- 5Actuarial advice
- Part 2: Additional pension election
- Chapter 1: Making an additional pension election
- 6Election to pay contributions for additional pension
- 7Annual rate of additional (self only) pension
- 8Lump sum or monthly payments
- 9Making an additional pension election
- 10Accepting an additional pension election
- Chapter 2: Amount of additional pension contributions
- 11Determination of contributions payable
- Chapter 3: Additional pension contributions paid by lump sum
- 12Lump sum contributions: payment of contributions and credit of additional pension
- 13Refund of lump sum contribution
- Chapter 4: Additional pension contributions by monthly payments
- 14Application of Chapter
- 15Payment of contributions
- 16Member leaves all pensionable service before end of contributions payment period
- 17Retirement pension (other than ill health pension) becomes payable before end of contributions payment period
- Chapter 5: Revocation and refund
- 18Revoking an additional pension election
- 19Ill health pension becomes payable before end of contributions payment period
- 20Death in service before end of contributions payment period
- 21Member leaves all pensionable service before qualifying for retirement benefits
- Part 3: Faster accrual election
- Chapter 1: Making the election
- 22Faster accrual election
- 23Making a faster accrual election
- 24Accepting a faster accrual election
- Chapter 2: Payment of contributions
- 25Determination of contributions payable
- 26Payment of contributions
- Chapter 3: Revocation and refund
- 27Revoking a faster accrual election
- 28Member leaves all pensionable service before qualifying for retirement benefits
- Part 4: Election to buy out the standard reduction
- Chapter 1: General
- 29When the standard reduction applies
- 30Determination of the buy-out value
- Chapter 2: Making a buy-out election
- 31Eligible to make buy-out election
- 32Making a buy-out election
- 33Accepting a buy-out election
- Chapter 3: Payment of buy-out contributions
- 34Determination of contributions payable
- 35Payment of buy-out contributions
- 36Monthly payments during gap in service
- Chapter 4: Revocation and refund
- 37Revoking a buy-out election
- 38Member leaves all pensionable service before qualifying for retirement benefits
- Schedule 3: Transitional provisions
- Part 1: Interpretation
- 1Interpretation
- 2Meaning of “active member of existing scheme”
- 3Meaning of “continuity of service”
- 4Gap in service after scheme closing date
- 5Meaning of “closing date” for a tapered protection member
- Part 2: Exceptions for full protection members
- 6Meaning of “full protection member”
- 7Exception for full protection member during protection period
- 8Full protection member not eligible to join this scheme
- Part 3: Exceptions for tapered protection members
- 9Meaning of “tapered protection member”
- 10Exception for tapered protection members during protection period
- 11Tapered protection member not eligible to join this scheme
- Part 4: Transition members becoming active members of this scheme
- 12Meaning of “transition member”
- 13Active members of the existing scheme
- 14Transition members with continuity of service
- 15Transition members without continuity of service
- Part 5: Receipt of club transfer values
- 16Application of Part
- 17Member with full protection
- 18Member with tapered protection or no protection
- Part 6: Payment of benefits to transition members
- Chapter 1: General
- 19Reaching normal pension age
- 20Application of the 2005 Regulations
- 21Determination of final salary
- 21AWinding down employment
- 22Annual rate of pension
- Chapter 2: Application for payment of benefits
- 23Application for payment of age retirement pension
- 24Application for payment of phased retirement pension
- 25Application for payment of premature retirement pension
- 26Application for payment of early retirement pension
- 27Application for payment of ill-health pension
- 28Entitlement to payment of total incapacity pension
- 29Calculation of retirement benefits after ill-health pension ceases to be payable
- 30Reduction of ill-health pension and total incapacity pension
- 31Entitlement to payment of a short-service serious ill-health grant
- 32Application for payment of a surviving adult pension
- 33Calculation of a short-term surviving adult pension of a surviving adult of a transition member
- 34Long-term rate of a surviving adult pension of a surviving adult of a transition member
- 35Reduction of surviving adult pension
- 36Application for payment of an additional (surviving adult) pension
- 37Application for payment of a child pension
- 38Calculation of a short-term child pension of an eligible child of a transition member
- 39Rate of a long-term child pension of an eligible child of a transition member
- 40Reduction of child pension
- 41Application for payment of a death in service grant
- 42Application for payment of a death out of service grant
- 43Application for supplementary death grant
- 44Application for payment of benefits for pension credit members
- Part 7: Provision in relation to existing scheme
- 45Election to opt out of existing scheme continues to have effect
- 46Qualifying for retirement benefits under existing scheme
- 47Nomination continues to have effect
- 48Repayment of balance of contributions
- 49Residential emoluments
- 50Transfer payments in respect of the existing scheme
- 51Election to pay contributions by a person serving in a reserve force
- 52Commutation: small pensions
- Schedule 4: Scheme valuation and employer cost cap
- 1Scheme valuation report
- 2Employer cost cap
- 3Breach of employer cost cap margins
- 4Scottish Teachers’ Pension Scheme Advisory Board report
- 5Action by the responsible authority
- 6Timescale for action
- Explanatory note