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The Teachers’ Pensions etc. (Reform Amendments) Regulations 2006

S.I. 2006/3122 · Made 22 November 2006

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education, England and Wales

Made 22nd November 2006

Laid before Parliament 7th December 2006

Coming into force 1st January 2007

The Secretary of State for Education and Skills makes these Regulations in exercise of powers conferred by sections 9, 12 and 24 of, and Schedule 3 to, the Superannuation Act 1972f1.

In accordance with section 9(5) of that Act he has consulted with representatives of local education authorities and of teachers and with representatives of other persons likely to be affected.

In accordance with sections 9(1) and 24(1) of that Act these Regulations are made with the consent of the Treasuryf2.

Annotations to the whole text

Footnotes

f1

1972 c.11; section 9 was amended by sections 4, 8 and 11 of the Pensions (Miscellaneous Provisions) Act 1990 (c.7) and paragraph 7 of Schedule 8 to the Pension Schemes Act 1993 (c.48) and article 107 of S.I. 2001/3649; section 12 was amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990; section 24 has been amended but the amendments are not relevant to these Regulations. The Secretary of State’s functions under sections 9, 12, and 24 of the Superannuation Act 1972 were transferred, in or as regards Scotland, to the Scottish Ministers by virtue of section 63 of the Scotland Act 1998 (c.46) read with article 2 of, and Schedule 1 to, the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I.1999/1750).

f2

See S.I 1981/1670.

Contents

  1. 1Citation and commencement
  2. 2Amendments of regulations
  3. 3Transitional provisions and savings
  4. 4Election in respect of protected benefits
  5. Signature
  6. Schedule 1: Amendments of the Teachers’ Superannuation (Additional Voluntary Contributions) Regulations 1994
  7. 1Interpretation
  8. 2Provision for lump sum death benefit
  9. 3Variation and cancellation of elections
  10. 4Retirement and dependants’ pensions
  11. 5Pension sharing on divorce
  12. 6Payment by Secretary of State
  13. Schedule 2: Amendments of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997
  14. 1Interpretation
  15. 2Relevant employment
  16. 3Persons to whom the Regulations apply
  17. 4Mandatory compensation
  18. 5Compensation payable to credited teacher
  19. 6Allocation of part of annual compensation
  20. 7Long-term compensation on death
  21. 8Duration of compensation on death
  22. 9Liability for compensation
  23. 10Declaration where lump sum payments are made
  24. 11Revocation and transitional provisions
  25. 12Deciding and compensating authorities
  26. Schedule 3: Amendments of the Teachers’ Pensions Regulations 1997
  27. 1Meaning of “employer” in certain cases
  28. 2Employment - general
  29. 3Employment not pensionable
  30. 4Election for employment not to be pensionable
  31. 5Resumption of pensionable status
  32. 6Further employment - election made on or after 1st April 2000
  33. 7Salary on which contributions are payable - election
  34. 8Ordinary contributions
  35. 9Contributions where an election has been made that employment should be pensionable
  36. 10Contributions where an election is to take effect from an earlier date
  37. 11Election in respect of additional benefits
  38. 12Additional contributions for past period
  39. 13Additional contributions for past period under earlier provisions
  40. 14Reduction of past period
  41. 15Additional contributions for current period
  42. 16Additional contributions for current period: service in reserve force
  43. 17Additional contributions for family benefits
  44. 18Entitlement to repayment of balance of contributions
  45. 19Calculation of contributions to be repaid
  46. 20Return of repaid contributions
  47. 21Uncompleted return by instalments of repaid contributions
  48. 22Deduction, payment and recovery of contributions
  49. 23Reckonable service generally
  50. 24Meaning of various terms
  51. 25Residual liability for guaranteed minimum pensions and for section 9(2B) rights
  52. 26Nature of retirement benefits
  53. 27Qualification for retirement benefits
  54. 28Entitlement to payment of retirement benefits
  55. 29Retirement benefits - pension and lump sum
  56. 30Limitation of retirement benefits in certain cases
  57. 31Enhancement of retirement benefits in case of incapacity
  58. 32Avoidance of duplicate pensions
  59. 33Allocation of part of retirement pension
  60. 34Pensioner ceasing to be incapacitated
  61. 35Abatement of retirement pension during further employment
  62. 36Retirement benefits on cessation of further employment
  63. 37Retirement benefits on cessation of further employment
  64. 38Death grant
  65. 39Supplementary death grant
  66. 40Family benefits generally
  67. 41Nomination of partner
  68. 42Nomination of other adult beneficiary
  69. 43Entitlement to short-term family benefits
  70. 44Amount and duration of short-term family benefits
  71. 45Entitlement to long-term family benefits
  72. 46Relevant service
  73. 47Amount of surviving spouse’s, surviving civil partner’s or nominated beneficiary’s long-term pension
  74. 48Amount of children’s long-term pensions
  75. 49Additional dependant’s pension where election made under regulation C3C
  76. 50Commencement and duration of long-term family pensions
  77. 51Average salary
  78. 52Average salary
  79. 53Effective reckonable service
  80. 54Payment of benefits
  81. 55Interest on late payment of certain benefits
  82. 56Benefits not assignable
  83. 57Payment of transfer values
  84. 58Acceptance of transfer values
  85. 59Receipts etc. to be credited
  86. 60Employers’ contributions
  87. 61Employers’ additional contributions
  88. 62Modified application in case of employment at reduced salary
  89. 63Repayment of contributions where an election is not made under regulation G8
  90. 64Declaration where lump sum payments are made
  91. 65Consequential amendments of the Teachers’ Superannuation (Additional Voluntary Contributions) Regulations 1994
  92. 66Pension sharing - normal pension age
  93. 67Pension credit benefits
  94. 68Commutation
  95. 69Commutation
  96. 70Death grant
  97. 71Glossary of expressions
  98. 72Elections in respect of additional benefits
  99. 73Maximum length of additional periods
  100. 74Additional contributions for past period under old regulation C4
  101. 75Additional contributions for past period under old regulation C4
  102. 76Additional contributions for past periods under earlier provisions
  103. 77Family benefits
  104. 78Early Retirement Factors
  105. 79Modified application in certain cases
  106. 80Allocation of part of retirement pension
  107. 81Savings and transitional provisions
  108. Schedule 4: Elections in respect of additional benefits - Schedule to be inserted as Schedule 2A to the Teachers’ Pensions Regulations 1997
  109. 1Interpretation
  110. 2Election by a person in pensionable employment
  111. 3Election by a person in pensionable employment
  112. 4Election by a person in pensionable employment
  113. 5Election by a person in pensionable employment
  114. 6Election by a person in pensionable employment
  115. 7Election by a person in pensionable employment
  116. 8Election by a person in pensionable employment
  117. 9Election by a person in pensionable employment
  118. 10Election by a person in pensionable employment
  119. 11Election by employer
  120. 12Election by employer
  121. 13Election by employer
  122. 14Election by employer
  123. 15Election by employer
  124. 16Election by employer
  125. 17Effect of election
  126. 18Maximum amount of increased pension
  127. 19Maximum amount of increased pension
  128. 20Maximum amount of increased pension
  129. 21Maximum amount of increased pension
  130. 22Maximum amount of increased pension
  131. 23Determination of contributions for given level of increased pension
  132. 24Determination of contributions for given level of increased pension
  133. 25Revocation of election
  134. 26Revocation of election
  135. 27Election ceasing to have effect
  136. 28Person ceasing to be in pensionable employment
  137. 29Person becoming entitled to retirement benefits
  138. 30Person making an election under regulation E4A
  139. 31Person becoming incapacitated
  140. 32Person becoming incapacitated
  141. 33Person ceasing to be incapacitated
  142. 34Death of person
  143. 35Death of person
  144. 36Death of person
  145. 37Actuarial advice
  146. Schedule 5: Transitional Provisions and Savings
  147. Part 1: Transitional Provisions and Savings relating to the Teachers’ Superannuation (Additional Voluntary Contributions) Regulations 1994
  148. 1Paragraph 1
  149. Part 2: Transitional Provisions and Savings relating to the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997
  150. 2Paragraph 2
  151. 3Paragraph 3
  152. 4Paragraph 4
  153. Part 3: Transitional Provisions and Savings relating to the Teachers’ Pensions Regulations 1997
  154. 5Paragraph 5
  155. 6Paragraph 6
  156. 7Paragraph 7
  157. 8Paragraph 8
  158. 9Paragraph 9
  159. 10Paragraph 10
  160. 11Paragraph 11
  161. 12Paragraph 12
  162. 13Paragraph 13
  163. Explanatory note