Teachers' Pensions Regulations 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/3001 |
1997 No. 3001
EDUCATION, ENGLAND AND WALES
The Teachers' Pensions Regulations 1997
Made 15th December 1997
Laid before Parliament 17th December 1997
Coming into force 3rd February 1998
The Secretary of State, in exercise of the powers conferred by sections 9 and 12 of, and Schedule 3 to, the Superannuation Act 19721and of all other powers enabling him in that behalf, after consulting with representatives of the local education authorities, teachers and other persons likely to be affected in accordance with section 9(5) of that Act, and with the consent of the Treasury2, hereby makes the following Regulations:
PART A
PRELIMINARY
Citation and commencement
A1. These Regulations may be cited as the Teachers' Pensions Regulations 1997 and shall come into force on 3rd February 1998 but the following provisions shall have effect from 1st September 1997—
regulation C2,
regulation C3(3),
regulation C18 insofar as it relates to contributions payable under regulation C3(3),
regulation E7,
regulation G2(2) insofar as it relates to contributions payable under regulation C3(3),
regulation G2(3) insofar as it relates to contributions payable under regulation G6,
regulation G6,
regulation G7(1)(c) and (2),
regulation H1,
regulation H12(1) insofar as it relates to regulations C1(6) to (11) and H1 of the 1988 Regulations,
regulation H13, and
Schedule 16.
Interpretation
A2.—(1) Schedule 1 to these Regulations contains a glossary of expressions: and in these Regulations, unless the context otherwise requires, any expression for which there is an entry in the first column of that Schedule has the meaning given against it in the second column or is to be construed in accordance with directions given against it in that column.
(2) In these Regulations, unless the context otherwise requires—
(a)
(a) any reference to the purchase of added years is, in relation to previous provisions, to be construed as including a reference to the payment of contributions by a person in respect of a period during which he was not in pensionable employment,
(b)
(b) any reference to contributions and benefits payable in respect of a person is to be construed as including a reference to contributions paid by him and benefits paid to him, and
(c)
(c) any reference to a transfer value paid or accepted is to be construed as including a reference to a transfer value which would have been paid or accepted but for arrangements made for the avoidance of payments between Ministers.
(3) Where these Regulations require anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.
(4) For the purposes of these Regulations a person’s pensionable employment ends with the last day of the employment or, as the case may be, the last day on which the employment was pensionable.
PART B
PENSIONABLE EMPLOYMENT
Employment—general
B1.—(1) Subject to paragraphs (2) to (5), regulation B3 (where applicable) and regulations B4 to B6 a person is in pensionable employment while he is in employment—
(a)
(a) in a capacity described in Schedule 2 and satisfies every condition and is not within any exception specified in that Schedule in relation to employment in that capacity, or
(b)
(b) as a teacher in an accepted school.
(2) Employment in a capacity described in Part II of Schedule 2 is not pensionable unless the person has elected that it is to be so.
(3) Except in the case of employment in a capacity described in paragraph 16, 21, 22 or 24 of Schedule 2, an election for the purposes of paragraph (2) may not be made without the consent of the employer.
(4) A person who is in part-time employment is not in pensionable employment unless he has at some time made an election for the purposes of this paragraph.
(5) A person who is in part-time employment is not in pensionable employment while he is a member of the occupational pension scheme constituted by the Local Government Pension Scheme Regulations 19953(“the 1995 Regulations”) or, when they are in force, the Local Government Pension Scheme Regulations 19974, the Local Government Pension Scheme (Transitional Provisions) Regulations 19975and the 1995 Regulations (so far as they continue to operate).
(6) An election for the purposes of this regulation—
(a)
(a) may be made at any time by giving written notice to the Secretary of State, and
(b)
(b) has effect from the first day of the month after that in which the notice was given, unless the Secretary of State specifies that it should have effect from an earlier date.
Continuing employment
B2. Subject to regulations B4 to B6, a person who immediately before 3rd February 1998 was in employment (“the first employment”) which was pensionable employment by virtue of regulation B3 of the 1988 Regulations (continuing employment) is in pensionable employment—
(a) while he is in the first employment, and
(b) while he is in employment which is in continuation of the first employment.
Employment in accepted school
B3.—(1) A person employed in an accepted school is not in pensionable employment if he has any financial interest in the establishment other than a right to a salary.
(2) Subject to paragraph (6), an establishment is an accepted school if—
(a)
(a) immediately before 3rd February 1998 it was an accepted school for the purposes of regulation B4 of the 1988 Regulations, or
(b)
(b) the Secretary of State has accepted it for the purposes of this regulation.
(3) The establishments that may be accepted are—
(a)
(a) an independent school finally registered under section 465 of the 1996 Act,
(b)
(b) an independent school provisionally registered under that section which had been a school of a kind mentioned in paragraph 1, 2, 3 or 4 of Schedule 2,
(c)
(c) an independent school provisionally registered under that section which was constituted by an amalgamation of schools of which at least one was an accepted school, and
(d)
(d) an establishment which provides further education constituted by an amalgamation of establishments which provided such education of which at least one was an accepted school.
(4) An establishment may only be accepted if its governing body have made a written application to the Secretary of State.
(5) No establishment need be accepted, but if an establishment is accepted its acceptance takes effect—
(a)
(a) where paragraph (3)(b) applies, as from the date of provisional registration, and
(b)
(b) in any other case, as from a date to be agreed between the Secretary of State and the governing body, which must be—
(i) the first day of a month later than that in which the application was made, or
(ii) if the establishment was constituted by an amalgamation, either the first day of such a month or the date of the amalgamation.
(6) An establishment which has become an accepted school ceases to be one from the date specified in a written notice given to its governing body by the Secretary of State.
(7) Notice for the purposes of paragraph (6) may be given—
(a)
(a) in the case of an independent school, if it ceases to be a registered or provisionally registered school within the meaning of section 465 of the 1996 Act, or
(b)
(b) in the case of an establishment of further education, if—
(i) it ceases to be one, or
(ii) it employs as a teacher a person whom it would have been precluded from employing if regulations for the time being in force under section 218(6) of the Education Reform Act 19886had applied, or
(c)
(c) in any case, if the governing body—
(i) have made a written application to the Secretary of State for the establishment to cease to be an accepted school, or
(ii) have failed to pay or remit contributions (whether under these Regulations or under the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1994)7to the Secretary of State, or
(iii) have failed to comply with regulation H3 (records and information) or any other provision of these Regulations relating to pensionable employment.
(8) Paragraphs (4) to (7) apply to an establishment which had previously ceased to be an accepted school as they apply to an establishment which has not previously been an accepted school.
(9) In this regulation “governing body” includes any person by whom teachers are employed.
Employment not pensionable
B4.—(1) A person is not in pensionable employment unless he is—
(a)
(a) 18 years old or older and under 70, and
(b)
(b) entitled to be paid his salary in full, or on sick leave and entitled to be paid not less than half his salary, or on maternity leave and entitled to be paid any contractual remuneration or statutory maternity pay.
(2) A person who is entitled to be paid a teacher’s pension including cases where the annual rate of pension has been reduced to zero in accordance with regulation E14 (abatement of retirement pension during further employment) is not in pensionable employment if he is in employment which—
(a)
(a) commenced on or after 1st April 1997, or
(b)
(b) is part-time employment.
(3) A person is not in pensionable employment while he is in an employment which immediately before 3rd February 1998 by virtue of regulation B5(2) of the 1988 regulations (exclusion from pensionable employment) was not pensionable employment.
(4) This paragraph applies to a person who—
(a)
(a) immediately before 3rd February 1998 was in, or
(b)
(b) not more than 12 months before that date had ceased to hold,
an employment which by virtue of regulation B5(4) of the 1988 Regulations was not pensionable employment.
(5) Subject to paragraph (6), a person to whom paragraph (4) applies is not in pensionable employment while he is in an employment which would not have been pensionable employment if—
(a)
(a) regulation...
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