Teachers' Superannuation (Scotland) Regulations 1977
| Jurisdiction | UK Non-devolved |
| Citation | SI 1977/1360 |
| Year | 1977 |
1977 No. 1360 (S. 104)
EDUCATION, SCOTLAND
The Teachers' Superannuation (Scotland) Regulations 19771stAugust 1977
17thAugust 1977
7thSeptember 1977
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
1. Citation and commencement.
2. Interpretation.
3. Definitions.
4. Reckonable service.
5. Part-time service.
6. Service not reckonable.
7. Salary.
8. Pensionable salary.
9. Modification for national insurance.
10. Savings, transitional provisions and revocations.
PART II
CONTRIBUTIONS
11. Financing of benefits by contributions.
12. Contributions in respect of teacher on reduced salary.
13. Payment of teacher's contributions.
14. Time for making payments to the Secretary of State.
15. Interest on contributions.
16. Cessation of contributions after 45 years of service.
17. Repayment of returned contributions.
18. Method of repayment of contributions returned under regulation 17.
PART III
ADDED YEARS
19. Maximum purchase of added years.
20. Modification of regulation 19 in certain cases.
21. Purchase of past added years.
22. Elections to purchase past added years.
23. Method 1 contributions.
24. Method 2 contributions.
25. Method 3 contributions.
26. Pre-1973 contributors.
27. Purchase of current added years.
28. Contributions for current added years.
29. Special provision relating to period 1st December 1973—31st March 1974.
PART IV
CONTRIBUTIONS FOR PRE-APRIL 1972 FAMILY PENSIONS
30. Interpretation of Part IV.
31. Member's contributions.
32. Non-member's contributions.
33. Retired teacher's contributions.
34. Election to pay contributions.
35. Time for making elections.
36. Determination by Secretary of State.
37. Rate and duration of contributions.
38. Deduction from terminal sum.
PART V
RETURN OF CONTRIBUTIONS
39. Return of contributions on cessation of employment.
40. Return of contributions at 70.
41. Payment to personal representatives.
42. Calculation for purposes of regulations 39 to 41.
43. Return of member's contributions.
44. Return of contributions paid under 1922 Act.
45. Return to pensioners after further service.
PART VI
PERSONAL BENEFITS
46. Entitlement to retiring allowances on grounds of age or redundancy.
47. Entitlement to retiring allowances on grounds of incapacity.
48. Early retirement of services civilian teachers.
49. Reckonable service for entitlement and for benefit.
50. Calculation where reckonable service is less than 20 years.
51. Enhancement of reckonable service.
52. Amount of annual pension.
53. Allocation of annual pension.
54. Amount of lump sum.
55. Modifications for teachers on reduced salary.
56. Gratuities on grounds of incapacity.
57. Death gratuities.
58. Deficiency payments.
59. Benefits after further service.
60. Abatement of annual pension.
61. Avoidance of duplicate benefits.
62. Suspension and resumption of incapacity pensions.
PART VII
FAMILY PENSIONS
63. Short-term pensions.
64. Long-term pensions.
65. Nomination of beneficiaries.
66. Special pension for widow.
67. Special provision for widows of certain non-members.
PART VIII
SPECIAL PROVISIONS RELATING TO WAR SERVICE
68. Application to teachers.
69. Contributions in respect of war service.
70. Contributions for family pensions in respect of war service.
PART IX
INTERCHANGES
71. Superannuation schemes.
72. Payment of transfer values.
73. Receipt of transfer values.
74. Modifications relating to teachers in comparable British service.
75. Exceptions.
PART X
FINANCIAL PROVISIONS
76. Teachers' superannuation account.
77. Receipts.
78. Payments.
79. Interest.
80. Accounting on redemption of securities.
81. Notional deductions for tax.
82. Actuarial inquiries.
PART XI
SUPPLEMENTARY PROVISIONS
83. Records and information.
84. Payment of benefits.
85. Payments in respect of deceased persons.
86. Benefits not assignable.
87. Forfeiture of benefits.
88. Extension of time.
89. Power to determine questions.
90. Consequential amendment of enactments.
SCHEDULES
Schedule 1—Specified employments which are reckonable service
Schedule 2—Accepted schools
Schedule 3—Added years
Schedule 4—Deemed additional service and determination of contributions for
pre-April 1972 family pensions
Schedule 5—Employments counting towards entitlement to retiring allowances
Schedule 6—Allocation declarations.
Schedule 7—Short-term pensions.
Schedule 8—Long-term pensions.
Schedule 9—Service counting for benefit.
Schedule 10—Transfer values.
Schedule 11—Teachers' superannuation account.
Schedule 12—Modifications relating to national insurance.
Schedule 13—Transitional provisions relating to family pensions.
Schedule 14—Revocations.
In exercise of the powers conferred on me by sections 9 and 12(1) of the Superannuation Act 1972(a), and of all other powers enabling me in that behalf, 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, and with the consent of the Minister for the Civil Service, I hereby make the following regulations:—
PART I
GENERAL
Citation and commencement
1.—(1) These regulations may be cited as the Teachers' Superannuation (Scotland) Regulations 1977, shall come into operation on 7th September 1977 and, except as otherwise expressly provided, shall have effect from 1st August 1977.
(2) These regulations extend to Scotland only.
Interpretation
2.—(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) Any reference in these regulations to any provision of any enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended, modified or extended by any enactment or instrument and as including a reference to any provision which it re-enacts or replaces, or which may re-enact or replace it.
(3) Any reference to a regulation, Part or Schedule not otherwise identified is a reference to a regulation or Part of, or a Schedule to, these regulations; and any reference to a paragraph or a sub-paragraph is a reference to a paragraph of the regulation or of the Schedule, as the case may be, or to a sub-paragraph of the paragraph, in which the reference occurs.
Definitions
3.—(1) Unless the context otherwise requires—
"Act of 1922" means the Education (Scotland) (Superannuation) Act 1922(c);
"Act of 1939" means the Education (Scotland) (War Service Superannuation) Act 1939(d);
"the 1969 regulations" means the Teachers Superannuation (Scotland) Regulations 1969(e);
"the 1971 family benefits regulations" means the Teachers Superannuation (Family Benefits) (Scotland) Regulations 1971(f);
"actuarial" in relation to any sum or value (however described) means the sum or value determined by the Government Actuary;
"agreed" means agreed between the Secretary of State and the teacher or other person concerned;
"British Isles" means the United Kingdom, the Channel Islands and the Isle of Man;
(a) 1972 c. 11.
(b) 1889 c. 63.
(c) 1922 c. 48.
(d) 1939 c. 96.
(e) S.I. 1969/77 (1969 I, p. 133).
(f) S.I. 1971/1775 (1971 III, p. 4813).
"child" includes an illegitimate child or a child accepted as a member of the teacher's family, who is wholly or mainly dependent on the teacher, and has not attained the age of 17 or, having attained the age of 17, is receiving full-time education or attending a course of not less than 2 years' full-time training for a trade, profession or calling but does not include a person who is married nor a person who is for the time being in receipt of a disqualifying income; and a person who is incapacitated on the date when by virtue of this definition he would otherwise cease to be a child shall be treated as being a child for so long as that incapacity persists;
"comparable British service" means service which is pensionable under a public service superannuation scheme for teachers in any part of the British Isles other than Scotland;
"disqualifying income" means remuneration payable to a person attending a course of full-time training at a rate not less than the annual rate for the time being payable of an official pension (within the meaning of the Pensions (Increase) Act 1971(a)) which began on 1st April 1972 at the annual rate of £250;
"employer" means the employer of a teacher and includes a local authority, governing body or other body of managers;
"financial year" means a period of 12 months beginning on 1st April;
"full-time service" means service as a teacher under a contract providing for regular service for the whole of the working week;
"full-time teacher" means a teacher employed in full-time service;
"further education centre" has the meaning assigned to it by the Further Education (Scotland) Regulations 1959(b);
"incapacitated" means incapacitated during any period in which—
(a) in the case of a teacher, he is in the opinion of the Secretary of State incapable through infirmity of mind or body of serving efficiently as a teacher in reckonable service; and
(b) in the case of any other person, he is in the opinion of the Secretary of State incapable by reason of infirmity of mind or body of earning his livelihood and he is not maintained out of moneys provided by Parliament or raised by the rates levied by local authorities;
"incapacity gratuity" means a gratuity payable by virtue of regulation 56, or where the context so requires, a short service gratuity paid or payable by virtue of previous provisions;
"interchange provisions" means Part IX or any previous provisions to the like effect;
"local authority" has the meaning assigned to it by the Local Government (Scotland) Act 1973(c);
"nominated beneficiary" means a person nominated by a teacher under regulation 65 but does not include an incapacitated child on his ceasing to be a child;
"organiser" means a person in employment which involves the performance of duties in connection with the provision of education or services ancilliary to education;
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