Paragraph 12

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

sch 12 am by Teachers' Superannuation 2006 reg 12
sch 12 am by Teachers' Superannuation 2007 regs 2, 83
Sch 12, Pt I, paras 4, 5 am by Teachers' Superannuation 2005 regs 2, 23(1)–(3), 28
Sch 12, Pt II, para 12 am by Teachers' Superannuation 2005 regs 2, 23(1), (4), 28
Sch 12, Pt II, para 12A am by Teachers' Superannuation 2005 regs 2, 23(1), (5), 28
Sch. 12 substituted by Teachers' Superannuation 2015 reg. 17

Except where paragraph 13 applies, for the purposes of paragraph 11–

(a)

where the transfer value–

(i)

is paid by the trustees or managers of a club scheme;

(ii)

represents all of the teacher’s accrued rights in that scheme; and

(iii)

has been calculated in a manner consistent with the methods adopted and assumptions made by the Scottish Ministers in determining the amount of transfer values to be paid to club schemes under Part I of this Schedule,

the period of reckonable service to be credited to the teacher shall be equal to the period of service which, if used to calculate a transfer value to be paid to an occupational pension scheme which is a statutory scheme under Part I of this Schedule, would produce an amount equal to the transfer value received by the Scottish Ministers, and in making the calculation regard shall be had to the teacher’s age, rate of pensionable pay, marital status and, in addition, to any other factor notified to the Scottish Ministers by the trustees or managers of the scheme making the payment as having been taken into account in determining its amount; and

(b)

in any other case, the period of reckonable service credited to the teacher shall be calculated in a manner consistent with the methods adopted and assumptions made by the Scottish Ministers in determining the amount of transfer values to be paid to occupational pension schemes (which do not fall to be treated as statutory schemes) under Part I of this Schedule, due allowance being given for the expected increase in the salary of teachers between the appropriate date and the date on which the teacher in respect of whom the transfer value was paid would attain the age of 60 years.