- abatable pension
means the sum of a person's retirement pension— (a) disregarding the effect of any reduction under regulation 64D, and (b) excluding— (i) phased retirement pension, (ii) additional pension, (iii) a pension (or part of a pension) which is payable to the person (P) by reason of Case E applying to P's reckonable service, and (iv) retirement benefits defined in and payable under the Teachers' Pension Scheme Regulations 2014;
- accepted phased withdrawal teacher
means— (a) as from the date agreed under paragraph (3), a person who, immediately before that date, is in pensionable employment at the establishment under Part 1 of Schedule 2 and is entitled to salary paid in full as indicated in regulation 7(2)(a), (b) as from the date immediately after the end of a period of leave, which— (a) is of a type specified in regulation 7(2)(b), and (b) has a continuous duration no longer than five years, a person who, immediately before the date agreed under paragraph (3), is in pensionable employment at the establishment but, because of that leave, is not so entitled, (c) as from the date immediately after the end of a period of leave, which— (a) is not of a type specified in regulation 7(2)(b), and (b) has a continuous duration no longer than five years, a person who, immediately before the date agreed under paragraph (3), is excluded, only in consequence of that leave, from counting as being in pensionable employment at the establishment, and (d) as from the date immediately after the ending of the period of effect of an election under regulation 9, beginning before the date agreed under paragraph (3), a person
- admitted service
means service to which Part 8 of TSR 1967 applied immediately before 1st May 1975.
- appropriate factor
means a factor determined in accordance with this regulation.
- back period
means the period beginning on a date determined by the Secretary of State and ending on the day on which the election has effect.
- Bank of England base rate
means—
- best value arrangement
means a contract or other arrangement made with a local authority for the provision of, or the making available of, services for the purposes of, or in connection with, the exercise of an education function of that local authority;
- bulk transfer
has the same meaning as in regulation 36A.
- capped period
means a period which, apart from this regulation, a person would be able to count as reckonable service and which is attributable either to pensionable employment in which the person's contributable salary was subject to a cap under regulation 17(4) (cap on contributable salary), regulation C1(8) of TPR 1997 or regulation C1(12) of TSR 1988 or to a transfer value accepted from a pension scheme whose benefits were subject to the limits imposed under section 590C of the Income and Corporation Taxes Act 1988 or regulation 4 of the Registered Pension Schemes (Modification of the Rules of Existing Schemes) Regulations 2006;
- cessation date
means the last day on which the pension is payable;
- consumer prices index
means the all items consumer prices index published by the Statistics Board, a body corporate established by section 1 of the Statistics and Registration Service Act 2007.
- contract for irregular work
means a contract of employment pursuant to which the employee is available for work but undertakes and is paid for work only when and for periods requested by the employer.
- contract for part-time employment
includes a contract for irregular work;
- court
includes a tribunal competent to determine a part-time claim;
- disqualifying break
means a period of more than 5 years ending after 31st December 2007 during which a person is not in pensionable employment or comparable United Kingdom service.
- double period
means the period mentioned in paragraph (1);
- entitlement day
means the entitlement day referred to in regulation 60 (retirement benefits).
- excluded employment
means employment which is not pensionable employment by virtue of—
- Fair deal transfer date
means the date on which transferred services are transferred between a contracting scheme employer and an accepted employer.
- financial year
means the 12 months ending with 31st March;
- function provider
means a body corporate other than a local authority which—
- guarantee
means a bond, guarantee or indemnity in a form and amount, and provided by a person, approved by the Secretary of State in respect of sums due, under these Regulations and TSAVCR 1994, from the accepted employer.
- initial payment date
means the third payment date which follows the payable date or, if the payable date falls on the payment date, the second payment date which follows the payable date;
- local authority
includes a non-metropolitan district council for an area for which there is a county council;
- lump sum election
means an election under paragraph 2 which is not a monthly contribution election;
- monthly contribution election
means an election under paragraph 2, the notice of which states (in accordance with sub-paragraph (6)(b) of that paragraph) that contributions are to be paid in monthly payments;
- new employment
means pensionable employment from the start of pensionable employment at the reduced rate of contributable salary mentioned in regulation H1(1)(a) of TPR 1997;
- non-pensionable part-time employment
means employment which is not pensionable by virtue of regulation 7(6);
- non-pensionable post-retirement employment
means employment which is not pensionable by virtue of regulation 7(8);
- Non-qualifying service
means— but, where P would have been a member (as defined in paragraph 1 of Schedule 6 to TPR 1997) if Schedule 6 to the TPR 1997 had been in force at the date of the election, P’s non-qualifying service cannot exceed the maximum period in respect of which P could have made an election under Part 1 of that Schedule.
- occupational pension scheme
has the same meaning as in section 150(5) of FA 2004, and • “receiving scheme” means the scheme a person becomes subject to after leaving pensionable employment.
- opted-out employment
means— (a) employment in a capacity mentioned in Part 1 of Schedule 2 which was not pensionable by virtue of an election under regulation 9 (election for employment not to be pensionable);
- other benefit
means the benefit mentioned in paragraph (1)(b) and includes any sum payable, whether as a continuing allowance or as a lump sum, by way of pension, superannuation allowance, compensation for loss of office or otherwise in respect of retirement.
- part-time claim
means a claim, made by the issue of court proceedings or otherwise, to a person who employed a person in employment falling within regulation 12(5) (election for part-time employment before 1st May 1995 to be pensionable) that there was a breach of the equality clause (as defined in section 1 of the Equal Pay Act 1970) during such employment by virtue of the fact that the employment was not pensionable employment.
- Participation Agreement
means a contractual agreement, relating to participation in the Scheme in accordance with the Fair Deal arrangements, between the Secretary of State, a contracting scheme employer and an accepted employer.
- pay order
means an order under section 122 of EA 2002 for the time being in force and includes any document referred to in such an order;
- payable date
means the date on which the pension becomes payable;
- payment period
means, in relation to a monthly contribution election accepted by the Secretary of State, the period beginning on the start date and ending when the last of the monthly payments mentioned in the notice of the election is due to be paid;
- pension
includes an annuity.
- pension receipts
means the sum of a person's retirement pension— (a) including— (i) phased retirement pension, (ii) a pension (or part of a pension) which is payable to the person (P) by reason of Cases A, D or E applying to P's reckonable service, including mandatory compensation for premature retirement of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 2015, and compensation payable under regulation 18 (entitlement of credited teacher to compensation) of those Regulations.
- pensionable employment
includes—
- permitted maximum
has the meaning given in regulation 17(12);
- policy scheme service
has the same meaning as in regulation 3(2) of the Teachers' Superannuation (Policy Schemes) Regulations 1979.
- post-break employment start date
means the date on which a person re-enters pensionable employment or comparable United Kingdom service following a disqualifying break or, where there is more than one such period, the first of them.
- previous employment
means pensionable employment up to the end of pensionable employment at the previous higher rate of contributable salary.
- public sector TUPE transferee with NPA 60 and NPA 65 rights
means a public sector TUPE transferee who immediately before entering pensionable employment was entitled under the rules of the previous scheme to receive on retirement from the previous employment—
- public sector TUPE transferee with NPA 60 rights
means a public sector TUPE transferee who immediately before entering pensionable employment was entitled under the rules of the previous scheme to receive on retirement from the previous employment all benefits under the previous scheme before or on reaching the age of 60.
- public service pension scheme
has the same meaning as in section 1 of PSA 1993 except that it does not include an occupational pension scheme established under section 7 of SA 1972, and
- qualifying employment
means pensionable employment or excluded employment.
- qualifying recognised overseas pension scheme
has the same meaning as in Part 4 of FA 2004.
- receiving scheme
means the scheme a person becomes subject to after leaving pensionable employment.
- refund period
means the period ending 1 year after the start date;
- relevant date
has the same meaning as in regulation 57(9);
- relevant employment
means the employment in respect of which the election is made, and
- relevant pension
means a phased retirement pension or retirement pension which becomes payable in respect of contracted-out employment before 6th April 1997.
- relevant salary period
means a period during which the rate of P's relevant salary does not change.
- residential benefits in kind
means the money value of—
- salary
means— (a) contributable salary;
- salary sacrifice arrangement
means— (a) if T is a school teacher for the purposes of section 122 of EA 2002, an arrangement specified in any pay order under which T gives up the right to receive part of T's gross salary in return for T's employer's agreement to provide T with benefits in kind as specified in the pay order;
- service pay
means pay for performing service in a reserve force and includes marriage, family and similar allowances.
- sponsor of a proposed Academy
means any person who approaches the Secretary of State expressing an interest in establishing and maintaining an Academy with a view to creating a charitable company limited by guarantee and which company it is proposed will then enter into an Academy agreement as defined in section 1 of the Academies Act 2010.
- standard increase
means an increase in contributable salary which is applied generally to persons in the position of the employee in question in accordance with an order made under section 122 of EA 2002 or, where the employee is not a school teacher for the purposes of that section, by the employer;
- start date
means— (a) in the case of a lump sum election, the date on which the Secretary of State receives the lump sum, and (b) in the case of a monthly contribution election, the first day of the second month after the month in which the AP beneficiary is notified that the election is accepted.
- the appropriate terminal sum
means a retirement lump sum or a death grant as appropriate.
- the charge
refers to either of the charges set out in paragraphs (2) and (3).
- the commencement date
means 1st September 2010....
- the new pension
means the pension referred to in paragraph (1)(c) or (2)(c), or the aggregate of either of those pensions and any total incapacity benefit paid with that pension.
- the original election date
means the first date on which P could have elected (pursuant to regulations under SA 1972) that the employment was to be pensionable.
- the original pension
means the pension referred to in paragraph (1)(a) or the pension, or aggregate of the pensions, referred to in paragraph (2)(a).
- the period of original pensionable employment
means the period during which P was in pensionable employment before P made the election under regulation B6 of TSR 1988;
- the relevant interest invoice
means the most recent interest invoice issued before the interest change date.
- the revoked instruments
means the regulations revoked by... these Regulations;
- the transfer out payment
means the payment referred to in sub-paragraph (1)(e).
- Transferred services
means services specified in the description of employment in the Participation Agreement.
- type A guarantee
means a bond, guarantee or indemnity in a form and amount, and provided by a person, approved by the Secretary of State in respect of sums due, under these Regulations and TSAVCR 1994, from the proprietor and from any other person by whom teachers are employed at the establishment.
- type B guarantee
means a bond, guarantee or indemnity in a form and amount, and provided by a person, approved by the Secretary of State in respect of sums due, under these Regulations and TSAVCR 1994, from the proprietor and from any other person responsible for employment at the establishment of accepted phased withdrawal teachers, in relation to pensions— (a) already payable by the establishment under these Regulations;
- uncapped contributable salary
means contributable salary without taking into account the cap under regulation 17 (cap on contributable salary), regulation C1(8) of TPR 1997 or regulation C1(12) of TSR 1988;
- uncapped period
means a period which, apart from this regulation, a person would be able to count as reckonable service and which is not a capped period.
- Year 0
means the 365 days of P's average salary service preceding Year 1 or, where P has less than 1,460 days of average salary service, the number of days of P's average salary service preceding Year 1;
- Year 1
means the 365 days of P's average salary service preceding Year 2 or, where P has less than 1,095 days of average salary service, the number of days of P's average salary service preceding Year 2;
- Year 2
means the 365 days of P's average salary service preceding the last 365 days of P's average salary service or, where P has less than 730 days of average salary service, the number of days of P's average salary service preceding the last 365 days of P's average salary service.