Paragraph 10

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

sch 6 am by Teachers' Superannuation 2006 reg 13, schedule
sch 6 am by Teachers' Superannuation 2007 regs 2, 79
sch 6 rev in pt by Teachers' Superannuation 2007 regs 2, 79
sch 6 am by Teachers' Superannuation 2008 regs 2, 29
Sch 6, Pt III, para 13 am by Teachers' Superannuation 2005 regs 2, 22(1), (3), 28
Sch 6, Pt III, para 15 am by Teachers' Superannuation 2005 regs 2, 22(1), (4), 28
Sch. 6 para. 11(1) words substituted by Teachers' Superannuation 2008 reg. 29
Sch. 6 para. 11(3) words substituted by Teachers' Superannuation 2008 reg. 29
Sch. 6 para. 12B(3) words substituted by Teachers' Superannuation 2008 reg. 29
Sch. 6 para. 12C(2) words substituted by Teachers' Superannuation 2008 reg. 29
Sch. 6 para. 12E(3) words substituted by Teachers' Superannuation 2008 reg. 29
Sch. 6 para. 12F(2) words substituted by Teachers' Superannuation 2008 reg. 29

(1)

An election under paragraph 9(1) or (2)–

(a)

must be made by giving written notice to the Scottish Ministers within the period specified in sub-paragraphs (3) to (5);

(b)

must specify the period in respect of which it is made;

(c)

must state whether the contributions are to be paid by Method A (periodical payments) or by Method B (lump sum);

(d)

if the contributions are to be paid by Method A, must specify the rate at which they are to be paid, which must comply with paragraph 13(2) and (3);

(e)

has effect from the date on which the notice is received by the Scottish Ministers; and

(f)

except as provided in paragraph 13(4), is irrevocable.

(2)

Where a woman’s pensionable employment is part-time the reference in sub-paragraph (1)(d) to the rate at which contributions are to be paid is a reference to the rate as a percentage of the woman’s full-time equivalent salary.

(3)

The period within which an election may be made is one of 6 months beginning on the relevant date.

(4)

Where paragraph 9(4)(b) applies, the relevant date is 1st July 1989; in any other case, subject to sub paragraph (5), the relevant date is the first date after 30th June 1989 on which the election conditions are satisfied.

(5)

If, during the period of 6 months beginning on that first date, the election conditions cease to be satisfied, the relevant date becomes the first date on which they are again satisfied.

(6)

A woman who could make an election under paragraph 9(2) may only make one under paragraph 9(1) if, and at the same time as, she elects under paragraph 9(2) to pay family benefit contributions in respect of the whole of the reckonable service there mentioned.

(7)

Where elections are made both under paragraph 9(1) and under paragraph 9(2), they must specify the same method of payment.

(8)

Payment may not in any case be made by Method A if–

(a)

the payment period would be less than one year; or

(b)

she is not in pensionable employment.