LegalizeThe Teachers' Superannuation (Scotland) Regulations 1993
- (4) The general rule does not mean that the provisions of these Regulations apply to cases to which the corresponding revoked provisions did not apply by virtue of transitional provision made in connection with the commencement of the revoked provisions (such transitional provisions are saved by paragraph 1 of Part II).
2
- (1) Where–
- (a) a provision of these Regulations (“the new provision”) re-enacts with any modification a provision revoked by these Regulations (“the former provision”); and
- (b) the effect of the general rule is that a person to whom a protected benefit was being paid or might become payable is placed in a worse position than he would have been in if the former provision had continued to have effect,
- he may by giving written notice to the Secretary of State ⅔ within 3 months after the date on which these Regulations come into force elect that the new provision is to apply in relation to the benefit as if it had re-enacted the former provision without modification.
- (2) A protected benefit is one paid, or capable of becoming payable, to or in respect of a person who before the date on which these Regulations come into force ceased to be in pensionable employment or died.
3
Where a period of time specified in a provision of any Regulations revoked by these Regulations is current at the commencement of these Regulations, these Regulations have effect as if the corresponding provision of these Regulations had been in force when that period began to run.
Signed
Michael B. Forsyth — Minister of State, Scottish Office — 13th February 1992
We consent,
Gregory Knight — Nicholas Baker — Two of the Lords Commissioners of Her Majesty’s Treasury — 17th February 1992
Explanatory note
(This note is not part of the Regulations)
These Regulations consolidate the Regulations revoked by regulation H8 and Schedule 13, comprising the bulk of the Regulations applying to Scotland made under section 9 of the Superannuation Act 1972.
The Table below briefly describes the principal changes. Except where otherwise indicated, references in the second column are to the Teachers' Superannuation (Scotland) Regulations 1977 as amended from time to time.
| Consolidated Provisions | Corresponding Revoked Provisions | Subject | Changes |
|---|---|---|---|
| r.B2(3) | r.5(3) | Part-time service | Date of commencement of employment now the earliest date from which election has effect. |
| r.B4(2) | Schedule 2, paragraph 1 | Accepted school | Specific reference to ability to pay employers' contributions. |
| r.B5(1) | r.4(3) | Pensionable employment | Time limits on absences not reproduced, and new provision on maternity leave; lower age limit (16). |
| - | r.7(1)(f) | Exclusions from contributable salary | Provision not reproduced. |
| r.C1(8)-(13) | r.12(2) and (3) | Election on reduction of salary | Procedures prescribed. |
| r.C3(14) | r.21(10)(b) | Election to pay additional contributions | Nullity an automatic, not discretionary, consequence of dishonest health declaration. |
| r.C6 | SI 1983/639 r.8 and 9 | Reduction of past added years on account of war service | Reduction automatic, not elective; application extended to purchases made by widow or dependant. |
| r.C8(1) | r.27(1) | Additional contributions to purchase current added years | Application further restricted. |
| r.C8(2), (3) and (5) | r.27(1) | ditto | Start of period identified: period to terminate on non-payment of contributions. |
| r.C8(6) and (8) | – | ditto | Contributions payable for each financial year in which period falls; time limits imposed where contributions not received by end of financial year. |
| r.C8(9) | – | ditto | Late payments may be accepted but interest will be levied. |
| r.C10(1) | r.39(1) | Return of contributions | “Special circumstances” are prescribed. |
| r.C11(3)(d) | r.42(2) and (4) | Interest on returned contributions | Adjustment to date from which interest runs. |
| r.C12(1)(b) | – | Repayment of family benefit contributions | Election available to waive payment if a transfer value is payable. |
| r.C12(5) | r.43(2) | ditto | Adjustment to date to which interest runs. |
| r.C13(1) | r.17(2) | Repayment of returned contributions | Written notice required. |
| r.C14(1) | r.13(1) | Deduction of teacher’s contributions | Contributions not previously deducted are to be deducted by the employer within the imposed time limit. |
| – | r.45(1) | Limited return to pensioners | Provision not reproduced. |
| r.E18(1) | r.87 | Forfeiture of benefits | Applies only where offences occur before benefits become payable. |
| r.E18(3) | – | ditto | New provision. |
| r.E19(1) | r.57(1) | Death gratuities | Gratuity may be paid on death of ex-employee who was paying additional contributions. |
| r.E19(5) | r.57(2) | ditto | Gratuity reduced by amount of any previous lump sum benefit. |
| r.E20(1)(b) | r.58 | Deficiency grants | Not payable on death in pensionable employment. |
| – | r.58(3) | ditto | Provision not reproduced. |
| r.E20(6) and (7) | r.58(1) and (2) | ditto | Payment in first instance to be made to spouse; where there is more than one spouse, they shall be entitled to an equal share. |
| r.E23(1) | r.63(1) | Short term pensions | Pension payable on death of ex-employee who was paying additional contributions. |
| r.E23(3) and r.E25(12) | r.64(3) | Short term and long term pensions | More than one pension payable to children. |
| r.E23(4) | Sch 7, Table 3 | ditto | Entitlement condition altered in respect of deceased retired teachers. |
| r.E24(3) | Sch 7, Tables 1 and 2 | ditto | Increase in rates of short term pensions and same rate payable to all categories irrespective of length of teacher’s service. |
| r.E29(6) | r.8(5) | “Full salary” for calculating pensionable salary | Includes salary for certain periods when not in pensionable employment. |
| r.E30(5) | r.50 | Lump sum benefits: limited counting of extra periods purchased | Application determined by reference also to certain periods when not in pensionable employment; now applies only to past added years. |
| r.E32 | r.86 | Benefits not assignable | No reference to arrestment. |
| r.F1(14) | – | Transfer values | Values can be deemed to be made, if receiving scheme agrees. |
| – | r.76 | Superannuation account | The form of account is no longer specified in the Regulations. |
| r.G3 | r.78 | Superannuation account; payments | Payments of benefits attributable to service before June 1922 are not, but certain statutory payments are, to be debited. |
| r.H3(2) | r.83(1) | Provision of information | Includes information about former employees; provision within reasonable time may be required. |
| r.H4 | r.85 | Payment without proof of title | Not to exceed amount for the time being specified under 1965 c. 32 (instead of set figure of £5,000). |
| r.H7(5) | r.84A(3) | Commutation of benefits | Permitted maximum not to exceed amount for the time being prescribed (instead of set figure). |
| Sch 2, paras 3 and 4 | Sch 1 | Pensionable employments | Additional categories. |
| Sch 3, para 2 | r.20 | Maximum purchase of added years | Takes into account possibility of purchase after age 55. |
| Sch 4, para 15(4) | Sch 2A, Pt III, para 7(4) | Purchase of past added years | Time limit for payment of lump sum to complete extra contributions. |
| Sch 8, para 2 | r.49(1) | Qualifying service | Now includes any past added years purchased. |
Footnotes
[^f00001]: 1972 c. 11; section 9 was amended by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7), sections 4, 8 and 11.
[^f00002]: 1975 c. 60; section 35(7) was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 22(7), by the Social Security Act 1979 (c. 18), Schedule 3, paragraph 18(b), and by the Social Security Act 1985 (c. 53), Schedule 3, paragraph 2; seesection 66(1) of the 1975 Act for definitions of “occupational pension scheme ” and “public service pension scheme ” relevant to the exercise of the statutory powers under which these Regulations are made.
[^f00003]: S.I. 1984/380; the relevant amending instruments are S.I. 1985/1930, 1986/1716 and 1988/475.
[^f00004]: The function was transferred to the Treasury by S.I. 1981/1670.
[^f00005]: 1980 c. 44.
[^f00006]: S.I. 1987/1850, amended by S.I. 1988/625, 1989/422, 1989/802, 1989/967, 1990/422, 1990/1284 and 1991/78.
[^f00007]: Regulation 4(2)(d) was inserted by S.I. 1988/1618.
[^f00008]: 1980 c. 44.
[^f00009]: Regulation 4A was inserted by S.I. 1989/666.
[^f00010]: Regulation 4B was inserted by S.I. 1989/666.
[^f00011]: Section 590C was inserted by the Finance Act 1989 (c. 26), Schedule 6, paragraph 4.
[^f00012]: 1974 c. 52; section 29 was amended by the Trade Union and Labour Relations (Amendment) Act 1976 (c. 7), section 1(d), the Criminal Law Act 1977 (c. 45), Schedule 13, and the Employment Act 1982 (c. 46), section 18.
[^f00013]: 1978 c. 44; section 45 was amended by the Social Security Act 1989 (c. 24), Schedule 5, paragraph 15; section 47 was amended by the Employment Act 1980 (c. 42), section 11(3).
[^f00014]: Section 47 was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 22(14) and by the Social Security Act 1985 (c. 53), Schedule 5, paragraphs 29 and 30.
[^f00015]: 1976 c. 35.
[^f00016]: 1970 c. 9(N.I.).
[^f00017]: S.I. 1992/129.
[^f00018]: 1947 c. 41.
[^f00019]: 1969 c. 13 (N.I.).
[^f00020]: Section 36(6) was amended by the Social Security Act 1986 (c. 50), Schedule 11.
[^f00021]: Section 37A was inserted by the Social Security Act 1986 (c. 50), section 9(7).
[^f00022]: Subsection (6) of section 35 was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 3(2); subsections (6A) and (6B) were inserted by the Social Security Act 1986, section 9(2).
[^f00023]: Schedule 1A was inserted by the Social Security Act 1985 (c. 53), Schedule 1, paragraph 3 and amended by the Social Security Act 1986, Schedule 10, paragraphs 29 and 30.
[^f00024]: Section 52C was inserted by the Social Security Act 1985, Schedule 1, paragraph 2, and amended by the Social Security Act 1986, Schedule 10, paragraph 26.
[^f00025]: S.I. 1987/1850.
[^f00026]: 1971 c. 56.
[^f00027]: 1911 c. 28; 1920 c. 75; 1939 c. 121; 1989 c. 6.
[^f00028]: 1986 c. 50; section 20 was amended by the Social Security Act 1988 (c. 7), sections 3 and 4, by the Local Government Finance Act 1988 (c. 41), Schedule 10, paragraph 2, by the Social Security Act 1989 (c. 24), sections 5(1) and 13 and Schedule 8, paragraph 15(1).
[^f00029]: 1971 c. 56.
[^f00030]: S.I. 1974/1135, revoked by S.I. 1977/1360.
[^f00031]: Regulation 6A was inserted by S.I. 1977/1808.
[^f00032]: 1975 c. 57; section 1 was amended, and the period for which it had effect extended to end with 31st July 1978, by the Price Commission Act 1977 (c. 33), section 17; references to limits set out in documents laid before Parliament in 1976 and 1977 were added by S.I. 1976/1097 and 1977/1294.
[^f00033]: S.I. 1982/1302.
[^f00034]: 1985 c. 66.
[^f00035]: 1986 c. 45.
[^f00036]: Schedule 1A was inserted by the Social Security Act 1985 (c. 53), Schedule 1, paragraph 3 and amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraphs 29 and 30..
[^f00037]: Section 52C was inserted by the Social Security Act 1985 (c. 53), Schedule 1, paragraph 2.
[^f00038]: Section 47 was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 22(14) and by the Social Security Act 1985 (c. 53), Schedule 5, paragraphs 29 and 30.
[^f00039]: 1971 c. 56.
[^f00040]: 1965 c. 32; the amount specified in S.I. 1984/539 is £5,000.
[^f00041]: 1973 c. 38; paragraph 15(4) of Schedule 16 was amended by the Social Security Act 1989 (c. 24), Schedule 6, paragraph 4(c).
[^f00042]: 1978 c. 30.
[^f00043]: 1986 c. 50.
[^f00044]: Schedule 1A was inserted by the Social Security Act 1985 (c. 53), Schedule 1, paragraph 3 and amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraphs 29 and 30.
[^f00045]: Section 30 was amended by the Employment Protection (Consolidation) Act 1978 (c. 44), Schedule 17 and by the Social Security Act 1986 (c. 50), Schedule 2, parag raph 30, Schedule 10, paragraph 15 and by Schedule 11.
[^f00046]: Section 32 was amended by the Social Security and Housing Benefits Act 1982 (c. 24), Schedule 4, paragraph 20 and by the Social Security Act 1986, Schedule 2, paragraph 5, Schedule 10, paragraph 16 and by Schedule 11.
[^f00047]: Section 42 was amended by the Social Security Act 1985 (c. 53), Schedule 5, paragraph 25(1)(a), and by the Social Security Act 1986 (c. 46), Schedule 2, paragraph 6 and Schedule 10, paragraph 21.
[^f00048]: 1975 c. 14; section 13 was amended by the Social Security Pensions Act 1975 (c. 60), Schedule 4, Part I, paragraph 38, by the Social Security Act 1979 (c. 18), Schedule 3, paragraph 5, by the Social Security Act 1980 (c. 30), section 5, by the Social Security (No.2) Act 1980 (c. 39), Schedule, by the Social Security Act 1985 (c. 53), Schedule 5, paragraph 6, by the Social Security Act 1986, Schedule 8, paragraph 2 and Schedule 11, by the Social Security Act 1988 (c. 7), Schedule 2, paragraph 1 and by the Social Security Act 1989 (c. 24), section 4 and Schedule 7, paragraph 7.
[^f00049]: 1965 c. 51; relevant provisions were continued in force by S.I. 1974/2057.
[^f00050]: Section 26(2) was amended by the Social Security Act 1985 (c. 53), Schedule 6, and by the Social Security Act 1986 (c. 50), section 9(4) and Schedule 10, paragraph 12(b).
[^f00051]: 1975 c. 60.
[^f00052]: S.I. 1967/489, revoked by S.I. 1976/1987.
[^f00053]: 1965 c. 74; section 25 was repealed by the Superannuation Act 1972 (c. 11), Schedule 8.
[^f00054]: 1988 c. 1.
[^f00055]: S.I. 1965/680, revoked by S.I. 1967/901.
[^f00056]: S.I. 1969/77, revoked by S.I. 1977/1360.
[^f00057]: S.I. 1971/1775, revoked by S.I. 1977/1360.
[^f00058]: S.I. 1977/1360.
[^f00059]: 1946 c. 60.
[^f00060]: 1948 c. 8 (12, 13 and 14 Geo. 6).
[^f00061]: 1989 c. 39.
[^f00062]: 1973 c. 38; paragraph 15(4) of Schedule 16 was amended by the Social Security Act 1989 (c. 24), Schedule 6, paragraph 4(c).
[^f00063]: 1978 c. 44.
[^f00064]: 1944 c. 31.
[^f00065]: 1972 c. 48.
[^f00066]: S.I. 1966/1629.
[^f00067]: 1948 c. 56.
[^f00068]: S.I. 1957/356, revoked by S.I. 1969/77.
[^f00069]: 1965 c. 74; Schedule 4 was repealed by the Superannuation Act 1972 (c. 11), Schedule 8.
[^f00070]: S.I. 1980/362; relevant amending instruments are S.I. 1982/288 and 1985/39.
[^f00071]: S.I. 1980/1177, to which there are amendments not relevant to these Regulations.
[^f00072]: S.I. 1986/24; relevant amending instrument is made by S.I. 1986/380.
[^f00073]: S.I. 1987/1850, to which there are amendments not relevant to these Regulations.
[^f00074]: 1950 c. 10 (N.I.).
[^f00075]: 1948 c. 3 (N.I.).
[^f00076]: S.I. 1972/1073 (N.I.10).
[^f00077]: 1948 c. 33; section 2 was amended by the Superannuation Act 1972 (c. 11), Schedule 6, paragraph 25.
[^f00078]: 1965 c. 51.
[^f00079]: Regulation 6A was inserted by S.I. 1977/1808.
[^f00080]: 1971 c. 56.
[^f00081]: 1974 c. 9.
[^f00082]: S.I. 1985/1931, to which there are amendments not relevant to these Regulations.
[^f00083]: Section 32 was amended by the Social Security and Housing Benefits Act 1982 (c. 24), Schedule 4, and by the Social Security Act 1986 (c. 50), section 9 and Schedules 2, 10 and 11.
[^f00084]: 1978 c. 44.
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