{ "url": "https://openlegislation.uk/teachers-superannuation-scotland-regulations-1993/regulation-E29", "json_url": "https://openlegislation.uk/teachers-superannuation-scotland-regulations-1993/regulation-E29.json", "legislation": "uksi/1992/280", "legislation_title": "The Teachers' Superannuation (Scotland) Regulations 1993", "legislation_url": "https://openlegislation.uk/teachers-superannuation-scotland-regulations-1993", "path": "regulation/E29", "kind": "regulation", "number": "E29", "heading": "Pensionable salary", "text": "(1) Subject to paragraphs (9) and (10), a teacher’s pensionable salary–\n(a) where the material part of his terminal service is one year or more, is his full salary for the best consecutive 365 days of that part; and\n(b) in any other case, is the average annual rate of his full salary for that part.\n(2) Terminal service comprises–\n(a) any period counting as reckonable service by virtue of regulation D1(1)(a) (pensionable employment); and\n(b) any period counting as reckonable service by virtue of regulation D4 (current added years purchased by additional contributions); and\n(c) subject to paragraph (3), any period of a kind described in paragraphs 5 to 8 of Schedule 8 (certain periods of employment counting towards qualification for benefits).\n(3) A teacher who is in an employment falling within paragraphs 5 to 8 of Schedule 8 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 terminal service.\n(4) An election under paragraph (3)–\n(a) if the notice is received before the teacher attains the age of 60, takes effect from his 60th birthday; and\n(b) in any other case, takes effect from the first day of the month following that in which the notice was received.\n(5) The material part of a teacher’s terminal service is–\n(a) where he has less than 3 years of such service, the whole of it; or\n(b) in any other case, the last 3 years of it.\n(6) Subject to paragraphs (7) and (8), a person’s full salary–\n(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;\n(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\n(c) for a period falling within paragraph (2)(c), 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.\n(7) For–\n(a) a period of pensionable employment; or\n(b) a period counting as reckonable service by virtue of regulations D1(1)(b) and D4,\nbeginning 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 paymen t 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.\n(8) For–\n(a) a period of pensionable employment; or\n(b) a period counting as reckonable service by virtue of regulations D1(1)(b) and D4,\nbeginning 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) (Scotland) Regulations 1982.\n(9) In the case of a teacher employed in part-time service under contracts of employment concurrently in force who ceases to be employed under any one of those contracts in circumstances by virtue of which he becomes entitled to retiring allowances under regulation E5(1)(f), his pensionable salary shall be deemed to be the pensionable salary which is related to the contract of employment which he ceased to hold.\n(10) If the Secretary of State is satisfied that the salary of a teacher has been unreasonably increased in respect of any period which is in the opinion of the Secretary of State relevant for the purposes of this regulation, his pensionable salary shall be calculated by reference to such a salary in respect of that period as the Secretary of State considers reasonable.", "extent": null, "status": null, "version": "current", "annotations": [ { "type": "footnote", "label": "f1", "text": "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 and 1977/1294." }, { "type": "footnote", "label": "f2", "text": "S.I. 1982/1302." } ], "outstanding_effects": [ { "type": "mod.", "affecting": "uksi/1997/676", "affecting_title": "The Teachers' Superannuation (Scotland) Amendment Regulations 1997" }, { "type": "added", "affecting": "uksi/1993/2513", "affecting_title": "The Teachers' (Superannuation and Compensation for Premature Retirement) (Scotland) Amendment Regulations 1993" }, { "type": "substituted", "affecting": "uksi/1998/718", "affecting_title": "The Teachers' Superannuation (Scotland) Amendment Regulations 1998" }, { "type": "amended", "affecting": "uksi/1999/446", "affecting_title": "The Teachers' Superannuation (Scotland) Amendment Regulations 1999" }, { "type": "am", "affecting": "ssi/2002/288", "affecting_title": "The Teachers' Superannuation (Scotland) Amendment Regulations 2002" }, { "type": "am", "affecting": "ssi/2003/423", "affecting_title": "The Teachers' Superannuation (Scotland) Amendment Regulations 2003" } ], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/uksi/1992/280/regulation/E29", "retrieved_at": "2026-10-29T14:29:28.411067+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }