The Teachers' Pensions Regulations 1997

Contents

1,959 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

Part a · Preliminary
1. A1 Citation and commencement
2. A2 Interpretation
Part b · Pensionable employment
1. B1 Employment—general
2. B2 Continuing employment
3. B3 Employment in accepted school
4. B4 Employment not pensionable
5. B5 Election for employment not to be pensionable
6. B6 Resumption of pensionable status
Part C · Teachers' contributions
1. C1 Salary on which contributions are payable
2. C2 Salary on which contributions are payable—election
3. C3 Ordinary contributions
4. C4 Additional contributions for past period
5. C5 Additional contributions for past period by family pensioner
6. C6 Additional contributions for past period under earlier provisions
7. C7 Reduction of past period
8. C8 Additional contributions in respect of war service
9. C9 Additional contributions for current period
10. C10 Additional contributions for current period: service in a reserve force
11. C11 Additional contributions for family benefits
12. C12 Entitlement to repayment of balance of contributions
13. C13 Calculation of contributions to be repaid
14. C14 Repayment of certain contributions paid for family benefits
15. C15 Application for repayment
16. C16 Return of repaid contributions
17. C17 Uncompleted return by instalments of repaid contributions
18. C18 Deduction, payment and recovery of contributions
Part D · Reckonable service
1. D1 Reckonable service generally
2. D2 Exclusion from reckonable service
3. D3 Past period for which additional contributions have been paid
4. D4 Current period for which additional contributions have been paid
Part e · Benefits
1. E1 Overriding provision as to guaranteed minimum pensions
2. E2 Nature of retirement benefits
3. E3 Qualification for retirement benefits
4. E4 Entitlement to payment of retirement benefits
5. E5 Amount of retirement pension
6. E6 Amount of retirement lump sum
7. E7 Limitation of retirement benefits in certain cases
8. E8 Enhancement of retirement benefits in case of incapacity
9. E9 Avoidance of duplicate pensions
10. E10 National Insurance modification of pensions
11. E11 Allocation of part of retirement pension
12. E12 Duration of retirement pension
13. E13 Pensioner ceasing to be incapacitated
14. E14 Abatement of retirement pension during further employment
15. E15 Retirement benefits on cessation of further employment
16. E16 Short-service annuity
17. E17 Short-service incapacity grant
18. E18 Deferment etc. of benefits
19. E19 Commutation: exceptional circumstances of ill-health
20. E20 Death grant
21. E21 Supplementary death grant
22. E22 Family benefits generally
23. E23 Nomination of beneficiaries
24. E24 Entitlement to short-term family benefits
25. E25 Amount and duration of short-term family benefits
26. E26 Entitlement to long-term family benefits
27. E27 Relevant service
28. E28 Amounts of spouses' and nominated beneficiaries' long-term pensions
29. E29 Amounts of children’s long-term pensions
30. E30 Commencement and duration of long-term family pensions
31. E31 Average salary
32. E32 Effective reckonable service
33. E33 Payment of benefits
34. E34 Interest on late payment of certain benefits
35. E35 Benefits not assignable
Part f · Transfer values
1. F1 Payment of transfer values
2. F2 Amounts of transfer values and additional transfer values
3. F3 Termination of right to count reckonable etc. service
4. F4 Acceptance of transfer values
Part g · Finance
1. G1 Teachers' Pension Account
2. G2 Receipts etc. to be credited
3. G3 Payments to be debited
4. G4 Actuarial inquiries
5. G5 Employers' contributions
6. G6 Employers' contributions—employees' elections under regulation C2
7. G7 Payment by employers to Secretary of State
8. G8 Employers' additional contributions
Part h · Miscellaneous and supplemental
1. H1 Modified application in case of employment at reduced salary
2. H2 Modified application in certain other cases
3. H3 Records and information
4. H4 Payments in respect of deceased persons
5. H5 Revaluation of guaranteed minimum in certain cases
6. H6 Repayment of contributions where an election is not made under regulation G8
7. H7 Extension of time
8. H8 Calculation of full-time equivalent salary
9. H9 Determination of questions
10. H10 Election in respect of protected benefits
11. H11 Consequential amendments of the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1994
12. H12 Revocations, savings and transitional provisions
13. H13 Amendments to, and modifications of, the Teachers' Superannuation (Consolidation) Regulations 1988
Schedule 1 · Glossary of expressions
Schedule 2 · Pensionable employment
1. Part I Employments pensionable without election
2. Part II Employments pensionable on election
Schedule 3 · Maximum length of additional periods
1. (1) (1) Subject to paragraph 2, the maximum length of the...
2. (2) (1) This paragraph applies to a person who—
3. (3) (1) This paragraph applies where a person—
Schedule 4 · Additional contributions for past period
1. Part I Method a
2. Part II Method b
Schedule 5 · Additional contributions for past period under earlier provisions
1. (1) (1) Subject to sub-paragraphs (2) to (5) and paragraphs 2,...
2. (2) Where an election has been made under paragraph 1, the...
3. (3) If, before all the contributions payable under paragraph 1 or...
4. (4) (1) A person may elect, by giving written notice to...
5. (5) (1) Subject to sub-paragraph (2) and paragraph 6, where immediately...
6. (6) (1) If before the end of the contribution period the...
7. (7) Where immediately before 3rd February 1998 contributions remained to be...
8. (8) Where immediately before 3rd February 1998 contributions remained to be...
9. (9) (1) Subject to sub-paragraphs (2) and (3), if a person...
10. (10) During any period for which a person is paying additional...
Schedule 6 · Family benefits
1. Part I Contributions: men and unmarried women
2. Part II Contributions: married women
3. Part III Contributions: common provisions
4. Part IV Family benefits and war service
Schedule 7 · Reckonable service arising from payment of additional contributions in respect of past periods
1. (1) (1) In paragraphs 1 to 7 of this Schedule— “the...
2. (2) Where a person— (a) is a full-time contributor who has...
3. (3) (1) This paragraph applies when a person—
4. (4) (1) This paragraph applies to a full-time or part-time contributor...
5. (5) If a person had elected under paragraph 4 of Schedule...
6. (6) (1) This paragraph applies where a full-time or part-time contributor...
7. (7) (1) This paragraph applies where a lump sum equal to...
8. (8) (1) This paragraph applies where a person paying additional contributions...
9. (9) (1) This paragraph applies where a person is continuing to...
10. (10) (1) This paragraph applies where a person who is, in...
11. (11) (1) This paragraph applies where a person is continuing to...
Schedule 8 · Periods making up qualifying period
1. (1) A period of pensionable employment.
2. (2) A period counting as reckonable service by virtue of regulation...
3. (3) A period counting as admitted service or specified country service....
4. (4) A period of service or employment in respect of transfer...
5. (5) A period of comparable British service.
6. (6) A period of employment which is pensionable for the purposes...
Schedule 9
Schedule 10 · Modified application in certain cases
1. Part I National insurance modification of pensions
2. Part II Employment at reduced salary
3. Part III Policy schemes
4. Part IV Admitted service
5. Part V Specified country service
6. Part VI Persons formerly members of the national health service pension scheme
Schedule 11 · Allocation of part of retirement pension
1. Part 1 Contents of declaration
2. Part II Procedure
3. Part III Other matters
Schedule 12 · Transfer values
1. Part I Outward transfers
2. Part II Inward transfers
Schedule 13 · Teachers' pension account
Schedule 14 · Revocations
Schedule 15 · Savings and transitional provisions
1. Part II Specific provisions relating to part g
2. Part III Other specific provisions
3. Part I— General provisions
Schedule 16 · Amendments to, and modifications of, the teachers' superannuation (consolidation) regulations 1988
1. Part II— Other modifications
2. Part I— Amendments to regulation E29

Defined terms · 34

Show every defined term

adult pension
means a short-term pension payable to the spouse or nominated beneficiary.
earnings factors
means the earnings factors referred to in section 14(2) of the 1993 Act.
employment business
has the meaning assigned to it by section 13(3) of the Employment Agencies Act 1973.
final relevant year
has the meaning given in section 16(5) of the 1993 Act.
full-time contributor
means a person who has paid or is paying additional contributions for a past period under Part I of Schedule 4 and has not been in part-time pensionable employment during any part of the contribution period;
governing body
includes any person by whom teachers are employed.
member
means a man who— (a) has been in pensionable employment at any time after 31st March 1972, and (b) immediately before 1st April 1972 had service counting for benefit within the meaning of regulation 40 of the 1970 Regulations, and (c) has not received a repayment of contributions paid by him under the 1966 Regulations or the 1970 Regulations;
non-member
means a man, other than a member, who— (a) has been in pensionable employment at any time after 31st March 1972, and (b) is entitled to count a period that ended before 1st April 1972 as reckonable service.
non-participating employment
has the meaning assigned to it by section 56(1) of the Act;
part-time contributor
means a person who has paid or is paying additional contributions for a past period under Part I of Schedule 4 and has been in part-time pensionable employment at some time during the contribution period;
part-time teacher
means a person who has elected under regulation B1 that his part-time employment is to be pensionable employment;
policy scheme service
has the meaning that was given in regulation 3(2) of the Teachers' Superannuation (Policy Schemes) Regulations 1979 (“the 1979 Regulations”).
protected benefit
means a benefit payable to, or in respect of, a person who before 3rd February 1998—
relevant pension funds
means pension funds in excess of £1,000 million or such other sum as the Secretary of State may from time to time determine: provided that, in determining such an amount, the Government Actuary shall have regard to such information relating to such return on such assets as may be available to him from any organisation in the United Kingdom, designated by the Secretary of State, which compiles and publishes statistics relating to the assets of such funds.
relevant period
has the same meaning as in old regulation G4.
retired teacher
means a person who has ceased to be in pensionable employment and has attained state pensionable age.
self-employed pension arrangement
means a personal pension scheme within the meaning of Chapter IV of Part XIV of the Taxes Act which—
service pay
means pay for performing service in a reserve force, and includes marriage, family and other similar allowances.
spouse
refers to status at the time of its delivery.
the 1995 Regulations
means the National Health Service Pension Scheme Regulations 1995;
the Act
means the National Insurance Act 1965;
the base rate
means the rate for the time being quoted by the reference banks as applicable to sterling deposits or, where there is for the time being more than one such base rate, the rate which, when the base rate quoted by each bank is ranked in a descending sequence of four, is the first in the sequence;
the commencement date
means 3rd February 1998.
the contribution deficit
means contributions of the required percentage of the difference between the person’s actual contributable salary and his contributable salary at the rate referred to in regulation C2(4).
the contribution period
means the period specified under regulation C4(7)(c).
the Fund
means the Teachers' Family Benefits Fund established by regulation 15 of the 1966 Regulations and continued by regulation 15 of the 1970 Regulations;
the past period
means the period specified under regulation C4(7)(a);
the period of original pensionable employment
means the period during which the person was in pensionable employment before he made his election under regulation B6 of the 1988 Regulations.
the principal election
means the election under regulation C4(2);
the reference banks
means the four largest institutions for the time being which—
the retail prices index
means the index of retail prices published by the Office for National Statistics.
the revoked instruments
means the statutory instruments revoked by these Regulations;
trade dispute
has the meaning given in section 244 of the Trade Union and Labour Relations (Consolidation) Act 1992.
war service period
means a period which a person is entitled to count as reckonable service by virtue of regulation D5 or D6, and references to a person’s being notified are references to his being notified of the Secretary of State’s determination of a claim made under regulation D5 or D6.