Teachers' Superannuation (Scotland) Regulations 1993

JurisdictionUK Non-devolved
CitationSI 1992/280
Year1992

1992 No. 280 (S. 23)

EDUCATION, SCOTLAND

The Teachers' Superannuation (Scotland) Regulations 1993

Made 9th December 1992

Laid before Parliament 25th December 1992

Coming into force 1st January 1993

The Secretary of State, in exercise of the powers conferred on him by sections 9 and 12 of, and Schedule 3 to, the Superannuation Act 19721and section 35(7) of the Social Security Pensions Act 19752, as read with regulation 33A of the Occupational Pension Schemes (Contracting-out) Regulations 19843, and of all other powers enabling him in that behalf, after consulting with representatives of education authorities and of teachers and with such representatives of other persons likely to be affected by these Regulations as appear to him to be appropriate, in accordance with section 9(5) of the Superannuation Act 1972, and with the consent of the Treasury4, hereby makes the following Regulations:

PRELIMINARY

PART A

PRELIMINARY

S-A1 Citation and commencement

Citation and commencement

A1.—(1) These Regulations may be cited as the Teachers' Superannuation (Scotland) Regulations 1992.

(2) These Regulations shall come into force on 31st March 1992.

S-A2 Interpretation

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 a regulation, Part or Schedule identified by a letter or number or both (an “indicator ”) is to be construed as a reference to the regulation, Part or Schedule, as the case may be, identified by that indicator in these Regulations, and any reference to a numbered paragraph in a regulation of or a Schedule to these Regulations is to be construed as a reference to the paragraph bearing that number in that regulation or, as the case may be, that Schedule;

(b)

(b) any reference to, or to things done or falling to be done under or for the purposes of, any provision of these Regulations is, if and so far as the nature of the reference permits, to be construed as including, in relation to circumstances or purposes in relation to which the corresponding provision in any Regulations revoked by these Regulations, or in previous provisions, has or had effect, a reference to, or as the case may be to things done or falling to be done under or for the purposes of, that corresponding provision;

(c)

(c) 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 that person was not in pensionable employment;

(d)

(d) any reference to contributions and benefits payable in respect of a person is to be construed as including a reference to contributions paid by and benefits paid to that person; and

(e)

(e) any reference to a transfer value paid or received is to be construed as including a reference to a transfer value which would have been paid or received 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.

(5) Expressions used in these Regulations to which meanings are assigned by the Education (Scotland) Act 19805shall, unless the context otherwise requires, have the same meanings in these Regulations as in that Act.

PENSIONABLE EMPLOYMENT

PART B

PENSIONABLE EMPLOYMENT

S-B1 Full-time service

Full-time service

B1. Subject to regulations B5 to B7, a teacher is in pensionable employment where he is in full-time service in an employment specified in Schedule 2.

S-B2 Part-time service

Part-time service

B2.—(1) Subject to paragraph (2) and regulations B5 to B7, a part-time teacher in an employment specified in Schedule 2 is in pensionable employment if he makes an election for the purposes of this regulation.

(2) A person is not in pensionable employment by virtue of paragraph (1) if he is, or is deemed to be, a pensionable employee within the meaning of the Local Government Superannuation (Scotland) Regulations 1987(6.

(3) Subject to paragraphs (4) and (5), an election for the purposes of this regulation may be made at any time by giving written notice to the Secretary of State and shall have effect–

(a)

(a) if made before, or during, the first pay period after commencing employment in part-time service, from the date of commencement of that employment; and

(b)

(b) in any other case, unless the Secretary of State specifies an earlier date, from the first day of the month following that in which he notifies the teacher of its receipt.

(4) An election under paragraph (3) shall apply to contracts for part-time service with the same employer entered into after the date of that election.

(5) Paragraph (3) shall not apply to a teacher who, at any time, has made an election under regulation B6.

S-B3 Continuing employment

Continuing employment

B3. Subject to regulations B5 to B7, a teacher who immediately before the date on which these Regulations come into force was in employment (“the first employment ”) which was reckonable service by virtue of regulation 4(2)(c) or (d) of the 1977 Regulations7shall be treated as being in pensionable employment–

(a) while in the first employment; and

(b) while in employment which is in continuation of the first employment.

S-B4 Accepted school

Accepted school

B4.—(1) In pursuance of paragraph 2 of Schedule 2 (pensionable employment), subject to paragraph (6) and regulations B5 to B7, a teacher is in pensionable employment while employed in a school which is an accepted school for the purposes of this regulation.

(2) For the purposes of this regulation–

(a)

(a) “accepted school ” means an independent school which–

(i) immediately before the date on which these Regulations come into force was accepted under Schedule 2 to the 1977 Regulations; or

(ii) being registered, and being the subject of a relevant application by its governing body or proprietor, is accepted by the Secretary of State as able to meet the requirements placed upon an employer by regulations G5 and G6 (payment of employers' contributions);

(b)

(b) “registered ” means registered in the register of independent schools in accordance with Part V of the Education (Scotland) Act 19808;

(c)

(c) “proprietor ” has the meaning assigned to it by section 135 of the Education (Scotland) Act 1980 and includes a person who, by reason of holding any office or having any interest in a company by which the school is conducted, is substantially in the position of a proprietor.

(3) Notwithstanding the provisions of paragraph (2) the Secretary of State shall have power in such case as he thinks appropriate to accept under the provisions of this regulation an independent school which is for the time being only provisionally registered.

(4) The date on which an independent school becomes an accepted school under paragraph 2(a)(ii) shall, unless an alternative date is agreed by the Secretary of State and the governing body or proprietor thereof, be the 1st September preceding acceptance of the application.

(5) An accepted school shall cease to be an accepted school on such a day as is specified in a notice in writing sent by the Secretary of State to the governing body or proprietor of the school on or after any of the following events–

(a)

(a) the receipt by the Secretary of State of an application by the governing body or proprietor that the school shall cease to be an accepted school;

(b)

(b) the school ceasing to be registered;

(c)

(c) any default by the governing body or proprietor in the payment of contributions;

(d)

(d) failure by the governing body or proprietor to comply within 1 month with any requirement of the Secretary of State to make any report or return, give any information or produce any document, under regulation H3;

(e)

(e) failure by the governing body or proprietor to comply with any other provision of the Regulations relating to the employment of teachers in reckonable service;

(f)

(f) the closure of the school.

(6) The service of a teacher in an accepted school shall not be pensionable employment if–

(a)

(a) the teacher is a proprietor thereof; or

(b)

(b) paragraph (2)(a)(i) applies to the school and the teacher’s employment therein immediately before the date on which these Regulations come into force was not reckonable service.

S-B5 Exclusion from pensionable employment

Exclusion from pensionable employment

B5.—(1) A teacher is not in pensionable employment unless aged at least 16 and under 70 and–

(a)

(a) entitled to be paid his salary in full;

(b)

(b) on sick leave and entitled to be paid not less than half his salary; or

(c)

(c) on maternity leave and entitled to receive statutory maternity pay (whether as a constituent part of her income or as her sole income).

(2) A person is not in pensionable employment while he is in an employment which immediately before the date on which these Regulations come into force was, by virtue of regulation 6(1)(a) of the 1977 Regulations (employments treated as not being reckonable service by previous provisions), not pensionable employment.

(3) Subject to paragraph (4), a person who–

(a)

(a) immediately before the date on which these Regulations come into force was in; or

(b)

(b) not more than 12 months before that date had ceased to hold,

an employment which by virtue of regulation...

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