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Regulation 17 Application and interpretation of Chapter 1I1

Scotland

(1)

This Chapter applies in relation to—

(a)

a pension credit member (“C”),

(b)

the corresponding pension debit member (“D”), and

(c)

the pension sharing agreement or pension sharing order by virtue of which C became a pension credit member in relation to D’s remediable teacher service (the “relevant pension sharing arrangement”).

(2)

In this Chapter—

  • “appropriate person” means—

    1. (a)

      D, or

    2. (b)

      where D is deceased, D’s personal representatives,

  • “C” means the pension credit member mentioned in paragraph (1)(a),

  • “cash equivalent” means an amount calculated in accordance with regulations made under section 30 of WRPA 1999f1,

  • “corresponding pension debit member” means the member referred to in sub-paragraph (c) of the definition of “pension credit member”,

  • “D” means the corresponding pension debit member mentioned in paragraph (1)(b),

  • “pension credit member” means a member of a teacher scheme who has rights under the scheme—

    1. (a)

      which are attributable (directly or indirectly) to a pension creditf2,

    2. (b)

      which arise by virtue of a pension sharing arrangement with a transfer day on or after 1st April 2015, and

    3. (c)

      the value of which was determined (to any extent) by reference to the value of benefits payable in respect of the remediable teacher service of another member,

  • “pension sharing agreement” means an agreement to which section 28 of WRPA 1999f3 applies in relation to a pension credit member and the corresponding pension debit member;

  • “pension sharing order” means the order or provision by virtue of which section 29 of WRPA 1999 applies in relation to a pension credit member and the corresponding pension debit member,

  • “relevant pension sharing arrangement” has the meaning given in paragraph (1)(c),

  • “remediable relevant benefits” means the benefits or future benefits described in section 29(4) and (5) of WRPA 1999 to which D is entitled by virtue of remediable shareable rights,

  • “remediable shareable rights” means D’s shareable rights secured by virtue of D’s remediable teacher service during the period beginning on 1 April 2015 and ending on the earlier of—

    1. (a)

      the day before the transfer date, or

    2. (b)

      the last day of D’s remediable teacher service,

  • “shareable rights” has the meaning given in section 27(2) of WRPA 1999,

  • “transfer day” means the day on which the relevant pension sharing arrangement takes effect,

  • “valuation day” has the meaning given in section 29(7) of WRPA 1999.

Annotations

Commencement

I1

Reg. 17 in force at 1.10.2023, see reg. 1(b)

Footnotes

f1

In accordance with section 110(1) of PSPJOA 2022, “WRPA 1999” means the Welfare Reform and Pensions Act 1999 (c. 30).

f2

See section 19(7) of PSPJOA 2022 for the meanings of “pension debit” and “pension credit”.

f3

Section 28 was amended by the Civil Partnership Act 2004 (c. 33), the Pensions Act 2008 (c. 30) and the Children and Families Act 2014 (c. 6).