Regulation 11 Enhancement of retiring allowances in case of incapacity

for sub-paragraph (a) of paragraph (1) there shall be substituted the following–

“(a)

(i)

where his pensionable employment terminates before 1st October 2001, he had completed periods of the kind described in Part I of Schedule 8 totalling at least 5 years, excluding any period in respect of which contributions have been returned to him and not repaid to the Scottish Ministers, or

(ii)

where his pensionable employment terminates on or after 1st October 2001, he had completed periods of the kind described in Part I of Schedule 8 totalling at least 2 years, excluding any period in respect of which contributions have been returned to him and not repaid to the Scottish Ministers; and”;

for paragraph (2) there shall be substituted the following:–

“(2)

In relation to a teacher who was in part-time service which was pensionable employment, this regulation shall not apply unless the aggregate of the periods of contract of employment during which the part-time service was given and the period of full-time service, if any, extends to at least 5 years, where pensionable employment terminates before 1st October 2001 and 2 years, where pensionable employment terminates on or after 1st October 2001.”; and

in paragraph (4) the words “at least 5 years but” shall be omitted.