Regulation 28 Amendment of the Teachers' Superannuation (Scotland) Regulations 2005
For regulation E7 (amount of retirement pension) substitute–
“Amount of retirement pension
E7(1)The annual rate of a teacher’s retirement pension is the rate specified in paragraph (2) together with the rate specified in regulation E7A where that regulation applies (but nothing in this regulation or regulation E7A shall prevent different parts of a teacher’s retirement pension being paid at different times if the teacher becomes entitled to the parts at different times).
(2)Subject to paragraphs (4) and (6) to (13) and regulations E8A to E12, the rate is–
(a)in the case of a pre-2007 entrant, 1/80th of his or her pensionable salary multiplied by his or her effective reckonable service;
(b)in the case of a 2007 or later entrant, 1/60th of his or her pensionable salary multiplied by his or her effective reckonable service; and
(c)in the case of a teacher with mixed service the aggregate of–
(i)1/80th of his or her pensionable salary multiplied by that part of his or her effective reckonable service which was before the post-break employment start; and
(ii)1/60th of his or her pensionable salary multiplied by that part of his or her effective reckonable service which was after the post-break employment start.
(3)For the purposes of paragraph (2) reckonable service is to be expressed in years and fractions of a year.
(4)If–
(a)the teacher is entitled to count a period as reckonable service by virtue of regulation D3; and
(b)by reason of regulation E35(4) part of that period does not count in calculating his or her retirement lump sum,
the annual rate calculated in accordance with paragraph (2) is, in respect of each year comprised in that part, increased by 1/350th of his or her pensionable salary.
(5)In paragraphs (6) to (9) “the basic rate” is the rate calculated in accordance with paragraphs (2) and (4) and, where appropriate, regulation E9 or E11 (but disregarding the effect of regulation E12).
(6)Subject to paragraphs (7) to (9), where–
(a)a teacher who has become entitled to payment of retirement benefits by virtue of regulation E6(6) has ceased to be in pensionable employment or excluded employment on or after 1st September 1997; or
(b)a teacher has become entitled to payment of retirement benefits by virtue of regulation E6(7),
the basic rate is adjusted as specified in paragraph (7).
(7)The adjustments are–
(a)in the case of a pre-2007 entrant, multiplication of the annual rate of such pension by the appropriate factor for a teacher with a normal pension age of 60;
(b)in the case of a 2007 or later entrant, multiplication of the annual rate of such pension by the appropriate factor for a teacher with a normal pension age of 65;
(c)in the case of a teacher with mixed service who has not attained the age of 60, multiplication of that part of the annual rate of such pension referred to in paragraph (2)(c)(i) by the appropriate factor for a teacher with a normal pension age of 60 and multiplication of that part of the annual rate of such pension referred to in paragraph (2)(c)(ii) by the appropriate factor for a teacher with a normal pension age of 65; and
(d)in the case of a teacher with mixed service who has attained the age of 60, multiplication of that part of the annual rate of such pension as is mentioned in paragraph (2)(c)(ii) by the appropriate factor for a teacher with a normal pension age of 65.
(8)Where the teacher falls within paragraph (6)(a) and–
(a)the teacher has a guaranteed minimum in relation to employment up to 6th April 1997; and
(b)A exceeds B, where
A is the annual equivalent of his or her guaranteed minimum pension together with that of any equivalent pension benefits, and
B is the basic rate, where applicable, adjusted in accordance with paragraphs (6) and (7),
the annual rate of his or her retirement pension is A.
(9)Where a 2007 or later entrant or a teacher with mixed service has effective reckonable service which has occurred after he or she attained the age of 65 the basic rate is adjusted as specified in paragraph (10).
(10)The adjustments are–
(a)in the case of a 2007 or later entrant, multiplication of the annual rate of that part of his or her retirement pension which relates to effective reckonable service before the teacher attained the age of 65, by the relevant enhancement factor; and
(b)in the case of a teacher with mixed service, multiplication of that part of his or her retirement pension which relates to the part of his or her effective reckonable service before the teacher reached the age of 65 but after the post-break employment start, by the relevant enhancement factor.
(11)In paragraph (10) “the relevant enhancement factor” means a factor (related to the length of the period which has elapsed between the teacher’s 65th birthday and the date (after the teacher’s 65th birthday) on which he or she became entitled to retirement benefits) determined from time to time for the purpose of this regulation by the Scottish Ministers after taking advice from the Government Actuary.
(12)If a contributions equivalent premium has been paid in respect of the teacher and has not been refunded (and his or her entitlement to a guaranteed minimum pension is therefore extinguished) the annual rate of his or her retirement pension is reduced by the annual equivalent of the guaranteed minimum pension to which he or she would otherwise have been entitled.
(13)Where a teacher has received phased retirement benefits the teacher’s effective reckonable service is reduced by the amount of reckonable service (determined under regulation E6A(8) and, where applicable, E6A(9)) taken into account in calculating phased retirement benefits.”.