The Teachers' Pension Scheme (Scotland) Regulations 2014
| Jurisdiction | Scotland |
| Citation | SSI 2014/217 |
2014No. 217
PUBLIC SERVICE PENSIONS
The Teachers' Pension Scheme (Scotland) Regulations 2014
1stAugust2014
7thAugust2014
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 1(1) and (2)(d) of, and paragraph 4(b) of Schedule 2 to, the Public Service Pensions Act 2013( 1) and all other powers enabling them to do so.
In accordance with section 21(1) of that Act, the Scottish Ministers consulted the representatives of such persons as appeared to the Scottish Ministers likely to be affected by these Regulations.
In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.
PART 1
Preliminary
Citation, extent and commencement
1. (1) These Regulations may be cited as the Teachers' Pension Scheme (Scotland) Regulations 2014 and extend to Scotland.
(2) These Regulations come into force as follows-
(a) this Part and Part 2 come into force on 1st December 2014;(b) the remaining provisions come into force on 1st April 2015.Establishment of Scottish Teachers' Pension Scheme 2014
2. (1) These Regulations establish a scheme for the payment of pensions and other benefits to or in respect of teachers in Scotland.
(2) For the purpose of these Regulations, a person in an eligible employment is a teacher.
(3) This scheme is to be known as the Scottish Teachers' Pension Scheme 2014.
Interpretation
3. In these Regulations-
"the Act" means the Public Service Pensions Act 2013;
"FA 2004" means the Finance Act 2004( 2);
"PA 1995" means the Pensions Act 1995( 3);
"PA 2008" means the Pensions Act 2008( 4);
"PIA 1971" means the Pensions (Increase) Act 1971( 5);
"PSA 1993" means the Pension Schemes Act 1993( 6);
"WRPA 1999" means the Welfare Reform and Pensions Act 1999( 7);
"the 2005 Regulations" means the Teachers' Superannuation (Scotland) Regulations 2005( 8);
"accrued additional pension"-
(a) for the purpose of a retirement pension other than a phased retirement pension, has the meaning given in regulation 44;(b) for the purpose of a phased retirement pension, has the meaning given in regulation 45;"accrued club transfer earned pension"-
(a) for the purpose of a full retirement pension, has the meaning given in regulation 44;(b) for the purpose of an additional pension election, has the meaning given in regulation 45;"accrued earned pension"-
(a) for the purpose of a retirement pension other than a phased retirement pension, has the meaning given in regulation 44;(b) for the purpose of a phased retirement pension, has the meaning given in regulation 45;"accrued pension" means-
(a) accrued earned pension;(b) accrued club transfer earned pension (if any); and(c) accrued additional pension (if any);"accrued rights" does not include a right to benefits attributable (directly or indirectly) to a pension credit;
"active member" has the meaning given in section 124(1) of PA 1995;
"active member's account" has the meaning given in regulation 48;
"actuarial", in relation to a calculation or value, means determined by, or in accordance with tables or guidance prepared by, the scheme actuary;
"actuarial adjustment" has the meaning given in Chapter 7 of Part 4;
"additional paternity leave" has the meaning given in regulation 2(1) of the Additional Paternity Leave Regulations 2010( 9);
"additional pension" means-
(a) additional (self only) pension; or(b) additional (surviving adult) pension;"additional pension account" has the meaning given in regulation 55;
"additional pension contributions" has the meaning given in Schedule 2;
"additional pension election" has the meaning given in Schedule 2;
"additional (self only) pension" means an additional pension payable to a pensioner member;
"additional (surviving adult) pension" means an additional pension payable to the member's surviving adult after the member has died;
"adoption leave" has the meaning given in regulation 2(1) of the Paternity and Adoption Leave Regulations 2002( 10);
"age retirement pension" means a pension payable under Chapter 2 of Part 5;
"amount of credited pension" has the meaning given in regulation 77(3);
"annual amount of pensionable earnings", in relation to any year, means the amount of pensionable earnings payable in that year;
"annual rate of pensionable earnings" means-
(a) for a member who is in pensionable service in relation to one full-time employment only, the member's annual rate of pensionable earnings in that employment; and(b) for a member who is in pensionable service in relation to a part-time employment or more than one employment, the member's full-time equivalent annual rate of pensionable earnings;"balance of contributions" means the amount of contributions repayable under regulation 183;
"buy-out contributions" has the meaning given in Part 1 of Schedule 2;
"child pension" means a pension payable under regulation 146;
"closing date", in relation to a transition member, has the meaning given in Schedule 3;
"club scheme" means a registered occupational pension scheme (other than a connected scheme) that has agreed to make and receive transfer value payments under the club transfer arrangements;
"club transfer" means a transfer to or from this scheme under the club transfer arrangements;
"club transfer arrangements" means arrangements approved by the scheme manager as providing reciprocal arrangements between this scheme and other registered occupational pension schemes for making and receiving transfer value payments;
"club transfer earned pension" means pension attributable to the receipt of a club transfer value;
"club transfer value", in relation to earned pension accrued under this scheme or under another club scheme, has the meaning given in Part 10;
"commutation amount" has the meaning given in regulation 72;
"continuity of service", in relation to a transition member, has the meaning given in Schedule 3;
"contributions equivalent premium" means a premium under section 55(2) of PSA 1993;
"death grant" means a death grant under Part 6;
"deferred member" has the meaning given in section 124(1) of PA 1995;
"deferred member's account" has the meaning given in Chapter 6 of Part 4;
"dual capacity member" has the meaning given in regulation 20;
"early retirement pension" means a pension payable under regulation 101;
"earned pension" means pension calculated by reference to a member's pensionable earnings;
"eligible child" has the meaning given in regulation 134;
"eligible employment" has the meaning given in Part 3;
"employed" means employed under a contract of employment;
"employment" means employment under a contract of employment;
"entitlement day" has the meaning given in Part 5;
"an existing club scheme" means a registered occupational pension scheme which belonged to the transfer club on the scheme closing date;
"an existing scheme" means an existing scheme as defined in section 18(2) of the Act;
"the existing scheme" means the scheme set out in the 2005 Regulations;
"faster accrual contributions" has the meaning given in Schedule 2;
"faster accrual earned pension", in relation to a financial year, means the amount of earned pension calculated by applying the faster accrual rate to the member's pensionable earnings for that year;
"faster accrual election" has the meaning given in Schedule 2;
"financial year" means the 12 months ending with 31st March in any year;
"full retirement additional pension" has the meaning given in regulation 67;
"full retirement earned pension" has the meaning given in regulation 66;
"full-time", in relation to employment, has the meaning given in regulation 15(a);
"GMP age" means 65 in the case of a man or 60 in the case of a woman;
"guaranteed minimum" means a guaranteed minimum under section 14 of PSA 1993;
"guaranteed minimum pension" has the meaning given in section 8(2) of PSA 1993;
"ill-health pension" means a pension payable under regulation 107;
"ill-health retirement benefits" means-
(a) an ill-health pension; and(b) a lump sum payable under regulation 162 in place of part of that pension;"incapacitated" has the meaning given in Chapter 6 of Part 5;
"index adjustment" means-
(a) in relation to the opening balance of earned pension for any financial year (other than the opening balance of club transfer earned pension), the percentage increase or decrease specified in a Treasury order under section 9(2) of the Act in relation to the previous financial year, plus 1.6%;(b) in relation to the opening balance of club transfer earned pension for any financial year, the adjustment that would apply to the opening balance of that amount of earned pension under the sending scheme for the previous financial year;"last active financial year" means the financial year in which the last day of pensionable service falls;
"last day of pensionable service", in relation to a member, means the day on which a member leaves all pensionable service;
"leaver index adjustment" has the meaning given in Part 4;
"leaver PIA index adjustment" has the meaning given in Part 4;
"maternity leave" means ordinary maternity leave or additional maternity leave within the meaning of the Maternity and Parental Leave etc. Regulations 1999( 11);
"member", in relation to this scheme, means an active member, deferred member, pensioner member or pension credit member;
"non-pensionable family leave" means a period of adoption leave, maternity leave, parental leave, paternity leave or additional paternity leave during which the employee-
(a) does not receive any statutory pay; and(b) is not paid a salary or is paid less than half the salary;"non-pensionable sick leave" means a period of sick leave taken by an employee with the consent of the employer, during which the employee-
(a) does not receive any statutory pay; and(b) is not paid a salary or is paid less than half the salary;"normal pension age"-
(a) in relation to this scheme, is determined in accordance with section 10 of the Act; and(b) in relation to the existing...To continue reading
Request your trial