Regulation 2 Interpretation

In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is to be construed as a reference to the regulation which bears that number in these Regulations, and any reference to a numbered paragraph in a regulation of or the Schedule to these Regulations is to be construed as a reference to the paragraph bearing that number in that regulation or, as the case may be, in the Schedule.

In these Regulations references to the Taxes Act are references to the Income and Corporation Taxes Act 1988^f1, references to the 1992 Regulations are references to the Teachers' Superannuation (Additional Voluntary Contributions) (Scotland) Regulations 1992^f2 and references to the Superannuation Regulations are references to the Teachers' Superannuation (Scotland) Regulations 1992^f3.

In these Regulations, unless the context otherwise requires,—

• “actuarial” has the meaning assigned to it by Schedule 1 to the Superannuation Regulations;

• “approved scheme” means a retirement benefits scheme approved under Chapter I of Part XIV of the Taxes Act;

• “authorised provider” has the meaning assigned to it by section 9(6) of the Superannuation Act 1972;

• “cash equivalent” means a cash equivalent referred to in section 94(1) of the Pension Schemes Act 1993^f4;

• “contributor” is to be construed in accordance with regulation 8;

• “dependant” in relation to either a participator or a contributor means—

  1. (a)

     any surviving spouse;

  2. (b)

     any person who is a child of the participator or contributor, “child” being construed in accordance with regulation E21 of the Superannuation Regulations, and

  3. (c)

     any person in respect of whom at the time of death of the participator or the contributor a nomination under regulation E22 of the Superannuation Regulations has effect;

• “free-standing additional voluntary contributions scheme” means an approved scheme which falls within section 591(2)(h) of the Taxes Act;

• “the Index” means the index of retail prices published by the Central Statistical Office;

• “lump sum death benefit” means a lump sum which will become payable in the event of a person dying while paying regular contributions to provide for it;

• “participator” means—

  1. (a)

     a contributor who has made a benefits election under regulation 12(5);

  2. (b)

     a person who has ceased to be a contributor, not being a person in respect of whom the Secretary of State has paid a transfer value under regulation 11; or

  3. (c)

     a person in respect of whom a transfer value has been accepted under regulation 10;

• “pension element” has the meaning given by regulation 5(2);

• “pensionable employment” shall be construed in accordance with Part B of the Superannuation Regulations;

• “personal pension scheme” means a scheme approved under Chapter IV of Part XIV of the Taxes Act;

• “reckonable service” shall be construed in accordance with Part D of the Superannuation Regulations;

• “regular contributions” means contributions which a person has elected to pay under regulation 4(1)(a) or 4(1)(c);

• “retire” means become entitled under regulation E5 of the Superannuation Regula- tions to payment of retiring allowances; and cognate expressions are to be construed accordingly;

• “retirement benefits scheme” has the meaning given in section 611 of the Taxes Act;

• “retirement pension” has the meaning given by regulation 12(2);

• “salary” means—

  1. (a)

     in relation to pensionable employment, the salary calculated in accordance with regulation C1 of the Superannuation Regulations, and

  2. (b)

     in relation to contributions payable under regulation C8 or C8A^f5 of the Superannuation Regulations, the notional salary determined in accordance with the provisions of those regulations for the purposes of calculating the said contributions;

• “tax year” means the 12 months beginning with 6th April in any year.

Subject to the provisions of this regulation and except where the context otherwise requires, other expressions in these Regulations have the same meaning as in the Superannuation Regulations.