Teachers Superannuation (Family Benefits) (Scotland) Regulations 1971
| Jurisdiction | UK Non-devolved |
| Citation | SI 1971/1775 |
| Year | 1971 |
1971 No. 1775 (S. 186)
EDUCATION, SCOTLAND
The Teachers Superannuation (Family Benefits) (Scotland) Regulations 197128thOctober 1971
9thNovember 1971
12thNovember 1971
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
1. Citation, Construction and Commencement
2. Revocation
3. Interpretation
4. Definitions
PART II
BOARD OF MANAGEMENT
5. The Board
6. Constitution of Board
7. Chairman and Deputy Chairman
8. Proceedings of Board
9. Committees
10. Assessor
11. Conduct of Business
12. Functions of Board
PART III
THE FUND
13. The Fund
14. General Account
15. Investment Account
16. Investments
17. Indemnity of Members of Board and other Persons
18. Accounts and Audit
19. Quinquennial Valuations
PART IV
TEACHERS' WIDOWS' AND CHILDREN'S SCHEME
Preliminary
20. The Scheme
21. Elections
APPLICATION
22. Teachers to whom Scheme Applies
23. Commencement of Application
CONTRIBUTIONS
24. Payment of Contributions
25. Normal Contributions
26. Additional Contributions
27. Additional Contributions on Increase of Previous Service
28. Date from which Additional Contributions Payable—Methods I and II
29. Method I
30. Method II
31. Method III
32. Additional Contributions Payable by Reinstated Contributors
33. Additional Contributions Payable by Former External Contributors
34. Additional Contributions after Termination of Service
35. Contributions during Intervals of Service
36. Payment of Outstanding Contributions
37. Service Counting for Benefit
REPAYMENT OF CONTRIBUTIONS
38. When Contributions Repayable
39. Amount when no Benefit Payable
40. Amount when Children's Pension only Payable
41. Amount in Other Cases
42. Repayment of Repaid Normal Contributions
BENEFITS
43. Widow's Pension
44. Amount of Widow's Pension
45. Duration of Widow's Pension
46. Short Service Widow's Pension
47. Amount of Short Service Widow's Pension
48. Duration of Short Service Widow's Pension
49. Children's Pension
50. Amount of Children's Pension
51. Duration of Children's Pension
52. Benefits in respect of Contributors under External Schemes
53. Transfer to External Scheme
54. Transfer from External Scheme
PART V
TEACHERS' DEPENDANTS' SCHEME
Preliminary
55. The Scheme
NOMINATION OF DEPENDANTS
56. Dependants
57. Nomination by Teachers
58. Validity of Nominations
59. Voidance of Nominations
CONTRIBUTIONS
60. Payment of Contributions
61. Amount of Contributions
62. Duration of Contributions
63. Contributions in respect of Intervals of Service
64. Payment of Contributions on Death
65. Repayment of Contributions
BENEFITS
66. Entitlement to Pensions
67. Life and Temporary Pensions
68. Amounts of Pensions
69. Duration of Pensions
PART VI
MISCELLANEOUS AND SUPPLEMENTARY
70. Functions of Secretary of State and Employers
71. Supplementary Provisions as to Contributions
72. Limitation of Amount of Contributions
73. Interest on Repaid Contributions
74. Deductions from Repaid Contributions
75. Payment of Pensions
76. Payments in respect of Deceased Persons
77. Payments in respect of Infirm Persons and Others
78. Remission of Debts to Fund
79. Benefits not Assignable
80. Provision of Information
81. Extension of Time
82. Determination of Questions
83. Elections or Nominations made on behalf of Teachers
SCHEDULE 1
RATES OF ADDITIONAL CONTRIBUTIONS—METHODS I AND II
SCHEDULE 2
RATES OF ADDITIONAL CONTRIBUTIONS—METHOD III
In exercise of the powers conferred on me by sections 7, 8, 9, 10, 11, 12, 14, 15, 17, 18 and 21 of the Teachers Superannuation (Scotland) Act 1968(a) as read with the Minister for the Civil Service Order 1968(b), and of all other powers enabling me in that behalf, and after consultation with representatives of education authorities, teachers and other bodies appearing to me to be likely to be affected as required by section 18(5) of the said Act, and with the consent of the Minister for the Civil Service, I hereby make the following regulations—
PART I
GENERAL
Citation, Construction and Commencement
1.—(1) These regulations may be cited as the Teachers Superannuation (Family Benefits) (Scotland) Regulations 1971 and shall come into operation on 12th November 1971 but shall be deemed to have had effect from and including 1st May 1971.
(2) These regulations and the Teachers Superannuation (Scotland) Regulations 1969(c) as amended (d) (hereinafter referred to as "the Teachers Regulations of 1969") shall be construed as one and may be cited together as the Teachers Superannuation and Family Benefits (Scotland) Regulations 1969 to 1971.
Revocation
2. The Teachers Superannuation (Family Benefits) (Scotland) Regulations 1969(e) (hereinafter referred to as "the Family Benefits Regulations of 1969") are hereby revoked:
Provided that—
(i) without prejudice to the provisions of section 38 of the Interpretation Act 1889(f) any valid election or valid nomination made or deemed to be made or any requirement to make any payment or any pension awarded or anything done under the provisions of the regulations hereby revoked, shall, if in force immediately before the date upon which these regulations come into operation, continue in force notwithstanding such revocation in like manner as if it had been made or deemed to be made or had been required or awarded or done under these regulations and, in so far as it could have been made or been deemed to have been made or been required or awarded or done under a particular provision of these regulations, shall be deemed to have been made or required or awarded or done under that provision ;
(ii) any vested interest acquired under any provisions of the regulations hereby revoked shall not be affected by such revocation ;
(a) 1968 c. 12.
(b) S.I. 1968/1656 (1968 III, p. 4485).
(c) S.I. 1969/77 (1969 I, p. 133).
(d) S.I. 1969/659 (1969 II, p. 1820).
(e) S.I. 1969/78 (1969 I, p. 192).
(f) 1889 c. 63.
(iii) where any provision of these regulations confers a benefit upon any teacher or other person which was not conferred by the regulations hereby revoked or which is more beneficial to a teacher or other person than a corresponding provision of the regulations so revoked the said provision of these regulations shall not be construed as relating to any period before these regulations come into operation unless the said provision specifically authorises retrospective effect to be given to it or unless the context otherwise requires.
Interpretation
3.—(1) The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
(2) References in these regulations to the provisions of any enactment or regulations shall, unless the context otherwise requires, be construed as references to those provisions as amended by or under any other enactment or regulations including these regulations.
(3) Unless the context otherwise requires regulation 4 and regulation 5 (which respectively relate to interpretation and contain definitions) of Part I of the Teachers Regulations of 1969 shall apply to these regulations as they apply to the Teachers Regulations of 1969.
(4) References in these regulations to a regulation or to a Part or to a Schedule shall, unless the context otherwise requires, be Construed as references to a regulation of, or to a Part of, or to a Schedule to, these regulations, as the case may be.
(5) Any reference in these regulations to an adopted child of a person shall be construed as a reference to a child adopted by him (whether alone or jointly with any other person) without formal declaration or in pursuance of an adoption order made under the Adoption Act 1958(a) or any corresponding enactment of the Parliament of Northern Ireland, or in process of being so adopted; or adopted, or in process of being adopted by him (whether alone or jointly with any other person) in accordance with the law of the place where he was domiciled at the time of the adoption or intended adoption and references to a person by whom a child has been adopted or is in process of being adopted shall be construed accordingly ; and any reference to an adoption order made under the Adoption Act 1958 shall be construed as including a reference to any Act repealed by the Adoption Act 1958 or by the Adoption Act 1950(b) or to the corresponding provisions of any Act so repealed,
Definitions
4. In these regulations, unless the context otherwise requires—
"the Act" means the Teachers Superannuation (Scotland) Act 1968 ;
"additional allowance" means the additional allowance payable under the Teachers Regulations of 1969 to a teacher who has ceased to be employed in reckonable service;
"additional contributions" means the contributions payable under the provisions of regulations 26 and 27 ;
"annual allowance" means the annual allowance payable under the Teachers Regulations of 1969 to a teacher who has ceased to be employed in reckonable service ;
(a) 7 & 8 Eliz. 2. c. 5.
(b) 1950 c. 26.
"the Board" means the Board of Management constituted in accordance with the provisions of Part II;
"child" means—
(a) in Part IV a person who—
(i) is not over school age; or
(ii) being over school age is receiving full-time education or undergoing full-time training for a trade, profession or calling, which training is of a duration of not less than 2 years; or
(iii) where a short service widow's pension is payable under the provisions of regulation 46, is under age 19; or
(iv) being over school age, is an incapacitated person by reason of an infirmity which arose either before he attained that age or while receiving such education or undergoing such training as aforesaid ;
and
(b) in Part V a person who has not attained the age of 16 and includes an illegitimate child or a step-child or an adopted child;
"class A external service", "class B external service" and "class C external service" have the same respective meanings as in the Teachers Regulations of 1969 ;
"contributor" has the meaning assigned to it by regulation 22(6) ;
"death gratuity" means a gratuity payable under the Teachers...
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