The Teachers' Pensions (Sharing of Pensions on Divorce or Annulment) Regulations 2000

Contents

1Citation, commencement and interpretation#

(1)These Regulations may be cited as the Teachers' Pensions (Sharing of Pensions on Divorce or Annulment) Regulations 2000 and shall come into force on 1st December 2000.

(2)In these Regulations—• “the 1997 Regulations” means the Teachers' Pensions Regulations 1997, and• “the 1994 Regulations” means the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1994.

2Amendments to the 1997 Regulations#

(1)There shall be inserted after Part H of the 1997 Regulations the Part contained in Schedule 1.

(2)The definitions in Schedule 2 shall be inserted in the appropriate place in alphabetical order in Schedule 1 to the 1997 Regulations.

(3)Further amendments to the 1997 Regulations are contained in Schedule 3.

3Amendments to the 1994 Regulations#

(1)After regulation 13 of the 1994 Regulations there shall be inserted the regulation contained in Schedule 4.

(2)Further amendments to the 1994 Regulations are contained in Schedule 5.

Schedule 1 · Part I of the 1997 regulations

Schedule 2 · Amendments to schedule 1 of the 1997 regulations

Schedule 3 · Further amendment to the 1997 regulations

(1)In regulation E25(1)(c) after the words “retirement pension” there shall be inserted the words “save that any reduction in that retirement pension by virtue of a pension sharing order shall be disregarded if the short-term pension is payable to a child”.

(2)In regulation E28—

(a)in paragraph (1) for the words “paragraph (2)” there shall be inserted the words “paragraphs (2) and (2A)”, and

(b)after paragraph (2) there shall be inserted the following paragraph—“2A Where after a pension sharing order has taken effect a surviving spouse or a nominated beneficiary becomes entitled to a pension under regulation E26, that pension shall be reduced by the same proportion by which the deceased’s retirement benefits had been reduced or would have been reduced if he had become entitled to them on the day he died.”

(3)In regulation E35 at the end of paragraph (3), there shall be added “or pursuant to pension sharing under Chapter I of Part IV of the 1999 Act or corresponding Northern Ireland legislation”.

Schedule 4 · New regulation in the 1994 regulations

Schedule 5 · Further amendments to the 1994 regulations

(1)In regulation 2(2) after the words “Income and Corporation Taxes Act 1988,” there shall be inserted the words “references to the 1999 Act are references to the Welfare Reform and Pensions Act 1999”.

(2)In regulation 2(3) there shall be inserted in the appropriate places in alphabetical order the following definitions—• “the AVC Scheme” means the occupational pension scheme (within the meaning of section 1 of the Pension Schemes Act 1993) established under section 9 of the Superannuation Act 1972 and these Regulations;• “pension credit” means a credit under section 29(1)(b) of the 1999 Act or under corresponding Northern Ireland legislation;• “pension credit benefits” means in relation to the AVC Scheme the benefits payable under that Scheme which are attributable (directly or indirectly) to a pension credit;• “pension credit member” means a person who has rights under the AVC Scheme which are attributable (directly or indirectly) to a pension credit either solely or wholly separately from any other rights under the AVC Scheme;• “pension debit” means a debit under section 29(1)(a) of the 1999 Act or under corresponding Northern Ireland legislation;• “pension debit member” means a person who has rights under the AVC Scheme and whose shareable rights under that Scheme are subject to a pension debit;• “pension sharing order” means a pension sharing order or other provision referred to in section 28(1) of the 1999 Act or Article 25(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999;• “shareable rights” means any rights a person has under the AVC Scheme except those rights referred to in regulation 2 of the Pension Sharing (Valuation) Regulations 2000.

(3)At the end of regulation 11 there shall be inserted the following paragraph–“3 The Secretary of State may pay a transfer value representing the value of a person’s pension credit or of investments made under regulation 13A(2) in the circumstances of Chapter II of Part IVA of the Pension Schemes Act 1993 and regulations made under that Chapter.”

(4)In regulation 12(11) the words “arising from the participator’s service” shall be deleted.

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