Explanatory note

These Regulations relate to the calculation of benefits and transfer values under the Teachers' Superannuation Regulations 1976 and the calculation of service reckonable thereunder by reason of the receipt of transfer values.

The principal provisions relate to teachers who received “staged” increases in remuneration over the period 1st April 1979 to 1st September or, in certain cases, 1st October 1980. These provisions have effect as from 1st April 1979 (Regulation 1(2)(b)); retrospection is authorised by section 12(1) of the Superannuation Act 1972. Where, in calculating any benefit or transfer value in the case of such a teacher, account falls to be taken of his remuneration in that period, Regulation 6 provides that account shall instead be taken of what his remuneration would have been on the hypotheses set out in Regulation 3 (teachers entitled to “Burnham” or related rates of pay) or in Regulation 4 (other teachers); the teacher is put in the position he would have been in had his increases in remuneration not been staged.

The provisions of Regulations 8 and 9 relate to the calculation of service reckonable by reason of the receipt of a transfer value in pursuance of an election made by a teacher on or after 1st August 1981, when the Regulations come into operation. These provisions have effect as from that date (Regulation 1(2)(a)).

Regulation 8 applies in the case of a teacher who entered employment in reckonable service during the period referred to above. Where the transfer value is received from a statutory scheme and the reckonable service would be calculated by reference to his salary on entering such employment, account is instead to be taken of the salary he would have received on the hypotheses set out in Regulation 3 or, as the case may be, Regulation 4.

Regulation 9 makes a permanent amendment to the Regulations of 1976. Where the transfer value is received from a non-statutory scheme and the reckonable service is at present calculated by reference to his salary on the last day on which he was a member of that scheme, it is in future to be calculated by reference to the salary (whether actual or notional) by reference to which the transfer value was calculated.