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Paragraph 2A Meaning of “accepted phased withdrawal school”F1

(1)

An establishment is an accepted phased withdrawal school if the scheme manager accepts it for the purpose of this paragraph by giving its governing body or proprietor a written notice specifying the date on which it becomes an accepted phased withdrawal school.

(2)

An establishment may be so accepted only if—

(a)

it is an accepted school, and

(b)

its governing body or proprietor makes a written application to the scheme manager.

(3)

An establishment, if so accepted by the scheme manager, becomes an accepted phased withdrawal school from the date agreed between the scheme manager and its governing body or proprietor, which must be the first day of a month after the month in which the application under sub-paragraph (2)(b) is made.

(4)

An establishment so accepted by the scheme manager ceases to be an accepted phased withdrawal school on such a day as is specified in a notice in writing sent by the scheme manager to the governing body or proprietor of the school on or after any of the following events—

(a)

the receipt by the scheme manager of an application by the governing body or proprietor of the school seeking that it should cease to be an accepted phased withdrawal school,

(b)

the school ceasing to be registered,

(c)

any default by the governing body or proprietor in the payment of contributions, whether under these Regulations or under the Teachers’ Superannuation and Pension Scheme (Additional Voluntary Contributions) (Scotland) Regulations 2017,

(d)

failure by the governing body or proprietor to comply within one month with any requirement of the scheme manager to make any report or return, give any information or produce any document under regulation 209,

(e)

failure by the governing body or proprietor to comply with any other provision of these Regulations relating to the employment of teachers who are in eligible employment,

(f)

the closure of the school.

(5)

Where an establishment ceases to be an accepted phased withdrawal school—

(a)

it does not in consequence become an accepted school, but

(b)

sub-paragraph (a) does not prevent a separate application being made for the establishment to be an accepted school under paragraph 2.

(6)

In this schedule—

  • “accepted phased withdrawal teacher” means—

    1. (a)

      as from the date agreed under paragraph (3), a person who, immediately before that date, is in pensionable employment at the establishment under schedule 2 and is entitled to salary paid in full as indicated in regulation 22(1)(a),

    2. (b)

      as from the date immediately after the end of a period of leave, which—

      1. (i)

        falls within regulation 22(1)(b) or (c), and

      2. (ii)

        has a continuous duration no longer than five years,

      a person who, immediately before the date agreed under paragraph (3), is in pensionable employment at the establishment but, because of that leave, is not so entitled,

    3. (c)

      as from the date immediately after the end of a period of family leave or sick leave, which—

      1. (i)

        falls within regulation 22(2), and

      2. (ii)

        has a continuous duration no longer than five years,

      a person who, immediately before the date agreed under paragraph (3), is not in pensionable service at the establishment but only because of the application of regulation 22(2) to that person, or

    4. (d)

      as from the date immediately after the ending of the period of effect of an opt-out under regulation 27, subject to an opt-out notice received by the scheme manager under that regulation before the date agreed under paragraph (3), a person who is not in pensionable employment at the establishment but only because of the application of regulation 27 to that person, and

    5. (e)

      as from the date immediately after the ending of the period of effect of an opt-out under regulation 30, subject to an opt-out notice received by the scheme manager under that regulation before the date agreed under paragraph (3), a person who is not in pensionable employment at the establishment but only because of the application of regulation 30 to that person.

Annotations

Textual amendments

F1

Sch. 1 para. 2A inserted (with effect from 16.08.2023) by The Teachers’ Superannuation and Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/190), regs. 1, 8(b)