Teachers' Superannuation (Scotland) Amendment Regulations 1980

JurisdictionUK Non-devolved
CitationSI 1980/344
Year1980

1980 No. 344 (S. 34)

EDUCATION, SCOTLAND

The Teachers' Superannuation (Scotland) Amendment Regulations 1980

6thMarch 1980

10thMarch 1980

1stApril 1980

In exercise of the powers conferred on me by sections 9 and 12 of the Superannuation Act 1972(a) and of all other powers enabling me in that behalf, with the consent of the Minister for the Civil Service and after consultation with representatives of education authorities and of teachers and with such representatives of other persons likely to be affected as appear to me to be appropriate, I hereby make the following regulations:—

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the Teachers' Superannuation (Scotland) Amendment Regulations 1980 and the Teachers' Superannuation (Scotland) Regulations 1977(b), the Teachers' Superannuation (Scotland) Amendment Regulations 1977(c), the Teachers' Superannuation (Scotland) Amendment Regulations 1978(d) and these regulations may be cited together as the Teachers' Superannuation (Scotland) Regulations 1977 to 1980.

(2) These regulations shall come into operation on 1st April 1980, and shall have effect—

(a) for the purposes of regulations 3 to 7, 11, 13, 15, 16, 18 to 20, 24(1) and 25 as from 1st August 1977;

(b) for the purposes of regulations 8 to 10, 12, 14 and 23 as from 6th April 1978;

(c) for the purposes of regulation 21 as from 1st April 1979; and

(d) for the purposes of regulations 1, 2, 17, 22 and 24(2) to (8) as from 1st April 1980.

(3) In these regulations any reference to a regulation or Schedule not otherwise identified is to be construed as a reference to the appropriate regulation or Schedule of the Teachers' Superannuation (Scotland) Regulations 1977 as amended by the Teachers' Superannuation (Scotland) Amendment Regulations 1977 and the Teachers' Superannuation (Scotland) Amendment Regulations 1978.

(a) 1972 c. 11.

(b) S.I. 1977/1360.

(c) S.I. 1977/1808.

(d) S.I. 1978/1507.

Definitions

2. In regulation 3—

(1) in paragraph (1)—

(a) in the definition of "child" after the word "family" there shall be inserted the words "or a child who is a nominated beneficiary";

(b) for the definitions of "organiser", "supervisor" and "teacher" there shall be substituted the following definitions:—

""organiser" means, except in paragraph 5 of Schedule 1, a person who, having previously been employed in reckonable or comparable British service, is employed in duties connected with education or in services ancillary to education and whose remuneration is determined under the Salaries Memorandum;

"supervisor" means, except in paragraph 5 of Schedule 1, a person who, having previously been employed in reckonable or comparable British service, is employed in a capacity connected with education which to a substantial extent involves the control or supervision of teachers and whose remuneration is determined under the Salaries Memorandum;

"teacher" includes a person who has ceased to be a teacher and an organiser or supervisor;";

(c) after the definition of "re-employed teacher" there shall be inserted the following definition:—

""regular employment" means employment under a contract which specifies a non-varying pattern of employment;";

(2) after paragraph (6) there shall be added the following paragraph:—

"(7) References to the receipt and payment of transfer values are to be construed as including references to transfer values which the Secretary of State is satisfied would have been received from, or paid to, the Minister for the Civil Service, the Secretary of State for Social Services or the Secretary of State for Education and Science but for arrangements between the Secretary of State and the other Minister concerned for the avoidance of payments between Ministers.".

Part-time service

3. For paragraph (4) of regulation 5 there shall be substituted the following paragraph:—

"(4) Part-time service to which this regulation applies—

(a) shall for the purposes of entitlement to benefit under regulations 46 and 47 be treated as if it were full-time service; and

(b) shall for all other purposes of these regulations be recorded as service in any financial year such number of days which bears to 365 the same proportion as the amount of salary paid to the teacher (or in a case of a teacher paying for current added years under Part III the salary which, in the opinion of the Secretary of State, he could have expected to receive) during the year bears to the amount of salary which would have been payable to him if he had been employed throughout the year in the same service at the annual rate of salary appropriate thereto:

provided that concurrent employments in part-time service during any period shall not in aggregate be treated as greater than a period of full-time service.".

Maximum purchase of added years

4. In the heading to the table in regulation 19(1) there shall be inserted after the word "entry" the words "to reckonable...

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