# The Teachers' Superannuation (Scotland) Regulations 1993, Regulation E5: Entitlement to payment of retiring allowances


(1) A teacher who has qualified for retiring allowances shall be entitled to payment of them if he–
(a) has attained the age of 60 and has ceased to be in pensionable employment; or
(c) has attained the age of 60 and has ceased to be in pensionable employment falling within paragraph 5, 6, 7 or 8 of Schedule 8; or
(d) has attained the age of 70 and is in employment which would be pensionable employment but for regulation B5(1)(a) (exclusion on age grounds); or
(e) (i) has not attained the age of 60;
(ii) has ceased after 31st March 1972 to be in pensionable employment and
(iii) has become incapacitated; or
(f) (i) has not attained the age of 60, and
(ii) has attained the age of 50, and
(iii) has ceased after attaining that age to be in pensionable employment, and
his employer has certified in writing to the Secretary of State that his pensionable employment, or employment which would be pensionable but for an election under regulation B6 (excluded employment), has been terminated by reason of his redundancy or in the interests of the efficient exercise of the employer’s functions.
(2) Entitlement under–
(a) paragraphs 1(a) to (d) takes effect as soon as the teacher meets the conditions prescribed therein;
(b) paragraph 1(e) takes effect–
(i) as from the day after the end of pensionable employment; or
(ii) if the date of the teacher’s application for payment of retiring allowances on grounds of incapacity is later, that date or such other date as the Secretary of State, having regard to all the circumstances, thinks appropriate; and
(c) paragraph 1(f) takes effect as from the day after the end of the pensionable employment.

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Source: https://www.legislation.gov.uk/uksi/1992/280/regulation/E5 (the official version)
Page: https://openlegislation.uk/teachers-superannuation-scotland-regulations-1993/regulation-E5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.