Regulation E29 Average salary

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg.£21(6) amended by Teachers' Superannuation 1993 reg.14
reg.E29(2)(e) added by Teachers' Superannuation 1993 reg.19(a)
reg.E29(9)(10) replaced (by paras (9)-(13)) by Teachers' Superannuation 1993 reg.19(b)
reg. and 14(3)(b) amended by Teachers' Superannuation 1997 reg.11(a)(b)
reg. E29 amended by Teachers' Superannuation 1989
reg. E29(1A) inserted by Teachers' Pensions 1997 Sch. 16 para. 1
reg. E29(2)(a) substituted by Teachers' Pensions 1997 Sch. 16 para. 2
reg. E29(5A)(5B) inserted by Teachers' Pensions 1997 Sch. 16 para. 3

(1)

Subject to paragraph (9), a person’s average salary—

(a)

where the material part of his average salary service is one year or more, is his full salary for the best consecutive 365 days of that part, and

(b)

in any other case, is the average annual rate of his full salary for that part.

(2)

Average salary service comprises—

(a)

any period counting as reckonable service by virtue of regulation D1(1)(a) (pensionable employment), and

(b)

any period counting as reckonable service by virtue of regulations D1(1)(b) and D4 (current period purchased by additional contributions), and

(c)

subject to paragraph (3), any period of a kind described in paragraphs 5 to 8 of Schedule 9 (certain periods of employment counting towards qualification for benefits), and

(d)

any period of comparable British service which began before 1st April 1974 and has not been followed by a period of pensionable employment and for which a transfer value has been received.

(3)

A person who is in an employment falling within paragraphs 5 to 8 of Schedule 9 may, by giving written notice to the Secretary of State, elect that from the date from which the election takes effect the employment is not to constitute average salary service.

(4)

An election under paragraph (3)—

(a)

if the notice is received before the person attains the age of 60, takes effect from his 60th birthday, and

(b)

in any other case, takes effect from the first day of the month following that in which the notice was received.

(5)

The material part of a person’s average salary service is—

(a)

where he has less than 3 years of such service, the whole of it, or

(b)

in any other case, the last 3 years of it.

(6)

Subject to paragraphs (7) and (8), a person’s full salary—

(a)

for a period falling within paragraph (2)(a), is his contributable salary for the period of pensionable employment, disregarding any reduction during sick leave or maternity leave,

(b)

for a period falling within paragraph (2)(b), is the notional salary by reference to which the additional contributions paid under regulation C8 were calculated, and

(c)

for a period falling within paragraph (2)(c) or (d), is what would have been his salary for the purpose of calculating benefits under the superannuation scheme to which he was subject in the relevant employment.

(7)

For—

(a)

a period of pensionable employment, or

(b)

a period counting as reckonable service by virtue of regulations D1(1)(b) and D4,

beginning after 31st July 1975 and ending before 1st August 1978, a person’s full salary includes any sums that would have been payable to him if payment of them had not been withheld, whether by virtue of an enactment or otherwise, in order to comply with limits referred to in section 1 of the Remuneration, Charges and Grants Act 1975^f1.

(8)

For—

(a)

a period of pensionable employment, or

(b)

a period counting as reckonable service by virtue of regulations D1(1)(b) and D4,

beginning after 31st March 1979 and ending before 1st September 1980, a person’s full salary is the notional salary resulting from the application to him of the Teachers' Superannuation (Notional Salaries) Regulations 1981^f2.

(9)

In the case of a person to whom the Teachers' Pay and Conditions Act 1987^f3 (“the 1987 Act”) does not apply, an increase of salary the main object, or one of the main objects, of which was to increase his average salary (and accordingly his retirement benefits) is to be treated as having increased his average salary by no more than the amount by which it would have been increased if the increase of salary had been a standard one.

(10)

A standard increase of salary is one which would, in the circumstances, have occurred if the 1987 Act had applied to the person.

Annotations

Footnotes

f1: 1975 c. 57; section 1 was amended, and the period for which it had effect extended to end with 31st July 1978, by the Price Commission Act 1977 (c. 33), section 17; references to limits set out in documents laid before Parliament in 1976 and 1977 were added by S.I. 1976/1097, 1977/1294.
f2: S.I. 1981/934.
f3: 1987 c. 1.