Teachers Superannuation (Scotland) Regulations 1969
| Jurisdiction | UK Non-devolved |
| Citation | SI 1969/77 |
| Year | 1969 |
1969 No. 77 (S. 6)
EDUCATION, SCOTLAND
The Teachers Superannuation (Scotland) Regulations 196922ndJanuary 1969
31stJanuary 1969
1stFebruary 1969
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
1. Citation.
2. The Appointed Day.
3. Revocation.
4. Interpretation.
5. Definitions.
PART II
SERVICE
6. Recording of Service.
7. Reckonable Service.
8. External Service.
9. Qualifying Service.
10. Continuation of Former Service.
11. Sick Leave.
12. Special Leave.
13. Holidays.
14. Intervals of Service.
15. Previous Employment.
16. Exclusion from Reckonable Service.
17. Non-Payment of Contributions.
18. Repayment of Contributions.
19. Local Government Superannuation.
PART III
CONTRIBUTIONS
20. Payment of Teachers' Contributions by Deduction from Salary.
21. Payment by Teachers directly or by Deduction from Sums Due.
22. Payment by Employers to Secretary of State.
23. Calculation of Salary.
24. Reduction of Contributions by Reason of National Insurance.
25. Underpayment of Contributions.
26. Interest on Overdue Contributions.
27. Repayment of Repaid Contributions.
28. Reduction in Salary.
29. Cessation of Contributions after Forty-Five Years' Service.
30. Intervals of Service.
31. Previous Employment.
PART IV
REPAYMENT OF CONTRIBUTIONS
32. Repayment on Cessation of Employment.
33. Repayment at Age of Seventy.
34. Repayment following Withholding of Allowance.
35. Repayment on Death.
36. Computation of Balance of Contributions.
37. Previous Employment.
38. Repayment of Contributions Paid under Act of 1922.
39. Repayment to Pensioners after Further Service.
PART V
BENEFITS
40. Qualifications for Allowances.
41. Amount of Annual Allowances.
42. Duration of Annual Allowances.
43. Amount of Additional Allowances.
44. Allowances of Certain Teachers with External Service.
45. Short Service Gratuities.
46. Death Gratuities.
47. Death during Service after Age of Seventy.
48. Supplementary Death Gratuities.
49. Re-employment of Teachers.
50. Adjustment of Allowances on Re-employment.
51. Avoidance of Duplicate Pensions.
52. Suspension and Resumption of Infirmity Allowances.
53. Withholding or Reduction of Allowances in Cases of Misconduct.
54. Reduction of Annual Allowances by Reason of National Insurance
55. Average Salary in Certain Cases.
56. Applications for Benefits.
57. Early Retirement of Certain Overseas Teachers.
58. Early Retirement of Services Civilian Teachers.
PART VI
ALLOCATION OF ANNUAL ALLOWANCE
59. Interpretation.
60. Allocation.
61. Benefits.
62. Application Procedure.
63. Medical Examination.
64. Allocation Declaration.
65. Avoidance of Allocation Declaration.
66. Payments by Teacher.
67. Teachers Abroad.
68. Death of Teacher.
69. Allocations made before the Appointed Day.
PART VII
EDUCATIONAL ORGANISERS
70. Organisers.
71. Application of Acts and Regulations.
PART VIII
MISCELLANEOUS AND SUPPLEMENTARY
72. Records and Information.
73. Payment of Sums Due.
74. Payments in respect of Deceased Persons.
75. Benefits not Assignable.
76. Extension of Time.
77. Reference of Questions to Secretary of State.
78. Amendment of Enactments.
79. National Insurance.
80. Saving.
SCHEDULES
Schedule 1—Reckonable Service
Schedule 2—External Service
Schedule 3—Qualifying Service
Schedule 4—Additional Contributions in respect of Previous Employment
Schedule 5—Provisions in connection with National Insurance
Schedule 6—Revocations.
(1) In exercise of the powers conferred upon me by sections 1, 3, 4, 6, 10, 11, 12, 14, 15, 18 and 21 of the Teachers Superannuation (Scotland) Act 1968(a) as amended by the Minister for the Civil Service Order 1968(b) and
(a) 1968 c. 12.
(b) S.I. 1968/1656 (1968 III, p. 4485).
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, except regulations 24, 54 and 79 and Schedule 5 ; and
(2) having made the consultations required by section 62(3) of the National Insurance Act 1965(a) and having been determined by the Minister for the Civil Service to be the appropriate Minister of the Crown under section 110(1) of that Act, in exercise of the powers conferred upon me by those sections and of all other powers enabling me in that behalf, I hereby make regulations 24, 54 and 79 and Schedule 5 of the following regulations—
PART I
GENERAL
Citation
1. These regulations may be cited as the Teachers Superannuation (Scotland) Regulations 1969.
The Appointed Day
2. The appointed day for the purposes of sections 21 and 22 of the Teachers Superannuation (Scotland) Act 1968 shall be 1st February 1969 and these regulations shall come into operation on that date.
Revocation
3. The regulations and rules set forth in Schedule 6 to these regulations are hereby revoked to the extent specified in column (3) of that Schedule.
Interpretation
4.—(1) The Interpretation Act 1889(b) shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
(2) Section 38 of the Interpretation Act 1889 shall apply as if these regulations were an Act of Parliament and as if the regulations and rules revoked by these regulations were Acts of Parliament repealed by an Act of Parliament.
(3) References in these regulations to the provisions of any enactment, regulations or rules shall, unless the context otherwise requires, be construed as references to those provisions as amended, modified, affected, applied or re-enacted by or under any subsequent enactment, regulations, rules or other instrument including these regulations.
(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.
Definitions
5.—(1) In these regulations, unless the context otherwise requires—
"Act of 1898" means the Elementary School Teachers (Superannuation) Act 1898(c);
(a) 1965 c. 51.
(b) 1889 c. 63.
(c) 1898 c. 57.
"Act of 1922" means the Education (Scotland) (Superannuation) Act 1922(a) ;
"Act of 1925" means the Education (Scotland) (Superannuation) Act 1925(b) ;
"Act of 1937" means the Local Government Superannuation (Scotland) Act 1937(c);
"Act of 1939" means the Education (Scotland) (War Service Superannuation) Act 1939(d);
"Act of 1946" means the Education (Scotland) Act 1946(e);
"Act of 1953" means the Local Government Superannuation Act 1953(f);
"Act of 1956" means the Teachers (Superannuation) Act 1956(g);
"Act of 1959" means the Mental Health Act 1959(h);
"Act of 1962" means the Education (Scotland) Act 1962(i) ;
"Act of 1968" means the Teachers Superannuation (Scotland) Act 1968 ;
"additional allowance" means an additional allowance payable by virtue of regulation 40 or, where the context so requires, a lump sum paid or payable by virtue of the corresponding provisions of the Scheme of 1926, the Scheme of 1952 or the regulations of 1957 ;
"annual allowance" means an annual allowance payable by virtue of regulation 40 or, where the context so requires, a pension paid or payable by virtue of the corresponding provisions of the regulations of 1957 ;
"appointed day" means 1st February 1969 ;
"approved school" means a school approved under section 83 of the Children and Young Persons (Scotland) Act 1937(j) ;
"average salary", in relation to a teacher employed in reckonable service, means the average of his full salary as calculated under section 4 of the Act of 1968 ;
"British Isles" means the United Kingdom, the Isle of Man and the Channel Islands ;
"central institution" means an educational establishment for the provision of further education recognised as a central institution by regulations made by the Secretary of State ;
"certificated teacher" means a teacher holding or deemed to hold a certificate of competency within the meaning of the Teachers (Education, Training and Certification) (Scotland) Regulations 1965(k) ;
"college of education" means a college administered by a governing body constituted by the Teachers (Colleges of Education) (Scotland) Regulations 1967(I) ;
"external service" has the meaning assigned to it by regulation 8 ;
"financial year" means the year ending on 31st March annually ;
"first class", "second class" and "third class" service have the same meanings as in the regulations of 1957 ;
"full-time teacher" means a teacher employed in full-time service ;
"full-time service" means service for the whole of the working day ;
"further education centre" has the meaning assigned to it by the Further Education (Scotland) Regulations 1959(m) ;
(a) 1922 c. 48.
(b) 1925 c. 55.
(c) 1937 c. 69.
(d) 1939 c. 96.
(e) 1946 c. 72.
(f) 1953 c. 25.
(g) 1956 c. 53.
(h) 1959 c. 72.
(i) 1962 c. 47.
(j) 1937 c. 37.
(k) S.I. 1965/55 (1965 I, p. 72).
(l) S.I. 1967/29 (1967 I, p. 79).
(m) S.I. 1959/477 (1959 I, p. 1068).
"grant-aided school" means a school in respect of which grants are made by the Secretary of State to the managers of the school other than grants in aid of the employers' contributions under section 3 of the Act of 1968 but does not include a public school ;
"interchange rules" means rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948(a) (which section relates to persons transferring to or from certain employments) and includes provisions corresponding to the provisions of such rules contained in regulations made under section 66(1) of the National Health Service (Scotland) Act 1947(b) or section 67(1) of the National Health Service Act 1946(c) ;
"local authority" means—
(a) in Scotland, a local authority within the meaning of the Local Government (Scotland) Act 1947(d) ;
(b) in England or Wales, the council of a county, county borough, London borough, county district, borough...
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