# The Teachers' Superannuation (Scotland) Regulations 2005, Regulation E6: Entitlement to payment of retirement benefits


(1) A teacher who has qualified for retirement benefits shall be entitled to payment of them if he or she–
(a) has attained the age of 60 and has ceased to be in pensionable employment;
(b) has attained the age of 70 and is in employment which would be pensionable employment but for regulation B6(1);
(c) –
(i) has not attained the age of 60;
(ii) has ceased after 31st March 1972 to be in pensionable employment;
(iii) has become incapacitated;
(iv) in the case of a teacher registered or formerly registered with the General Teaching Council for Scotland and who has ceased after 31st March 1997 to be in pensionable employment, has not had his or her name removed from the Council’s register following a direction by the Council’s Disciplinary Committee and is not under an investigation which might result in such removal; and
(v) in any other case, where he or she has ceased after 31st March 1997 to be in pensionable employment, and has not ceased to be in pensionable employment as a result of dismissal on grounds of misconduct;
(d) –
(i) has not attained the age of 60;
(ii) has attained the age of 50;
(iii) has ceased after attaining that age to be in pensionable employment, or in excluded employment, or in employment which would have been pensionable employment had an election been made under regulation B2, and that teacher’s employer has certified in writing to the Scottish Ministers that his or her employment has been terminated as a result of their redundancy or in the interests of the efficient exercise of the employer’s functions; and
(iv) has not received, and is not to receive, compensation under Part IIIA of the Teachers (Compensation for Premature Retirement and Redundancy) (Scotland) Regulations 1996 and that teacher’s employer has agreed that he or she should become entitled to retirement benefits under this paragraph; or
(e) –
(i) has attained the age of 55;
(ii) has ceased on or after 30th June 2002 and before attaining the age of 60 to be in pensionable employment or excluded employment; and
(iii) is not entitled to payment of retirement benefits by virtue of paragraph (1)(c) or (1)(d),
and the conditions specified in paragraph (4) are satisfied.
(2) Entitlement under–
(a) paragraph (1)(a) and (b) takes effect as soon as the teacher meets the conditions prescribed therein;
(b) paragraph (1)(c) 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 retirement benefits on grounds of incapacity is later, that date or such other date as the Scottish Ministers, having regard to all the circumstances, think appropriate; and
(c) paragraph (1)(d) takes effect, unless the teacher entitled to receive payment has waived his or her right to such payment in terms of paragraph (3), as from the day after the end of the employment;
(d) paragraph (1)(e) takes effect–
(i) where, at the time of the application for benefits under regulation E36, the teacher was in pensionable employment or excluded employment, as from the day after the end of the employment; and
(ii) in any other case on a date determined by the teacher making the application for benefits under regulation E36 being a date no earlier than 6 weeks after the date of such application.
(3) A teacher entitled to payment of retirement benefits by virtue of paragraph (1)(d), who is also a teacher to whom the provisions of regulation 7 of the Local Government (Education Administration) (Compensation for Redundancy or Premature Retirement on Reorganisation) (Scotland) Regulations 1995 applies, may waive his or her entitlement to such payment under paragraph (1)(d) by notice in writing to their employer, but such waiver shall not prejudice his or her entitlement to benefit under any other provision of this regulation.
(4) The conditions referred to in paragraph (1)(e) are–
(a) where the teacher has a guaranteed minimum pension in respect of employment before 6th April 1997, or an equivalent pension benefit relating to employment undertaken during the period starting on 3rd April 1961 and ending on 5th April 1975 (or both) that the annual rate of the teacher’s retirement benefits in the opinion of the Government Actuary is equal to or exceeds the equivalent pension benefit or the value of the guaranteed minimum pension (or if both the aggregate); and
(b) where, at the time of the application for payment of benefits under regulation E36, the teacher was in pensionable employment (otherwise than by virtue of regulation B9) or excluded employment that–
(i) his or her employer has consented to the application; or
(ii) 6 months have elapsed since the date on which the teacher requested his or her employer to give consent and such consent has not been given.

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Source: https://www.legislation.gov.uk/ssi/2005/393/regulation/E6 (the official version)
Page: https://openlegislation.uk/teachers-superannuation-scotland-regulations-2005/regulation-E6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.