The Teachers Superannuation (Amendment) Regulations 1994

• Citation: S.I. 1994/1058
• Sections: 27

Section 1 Citation, commencement and application

These Regulations may be cited as the Teachers' Superannuation (Amendment) Regulations 1994 and shall come into force on 1st May 1994 except for regulation 18 which shall come into force on 1st October 1994.

Section 2 Citation, commencement and application

Subject to the provision of regulation 27, below the Teachers' Superannuation (Consolidation) Regulations 1988 shall be amended as follows.

Section 3 Part-time employment

In regulation B2(1) for sub-paragraph (d) there shall be substituted the following sub-paragraph—

(d) is employed as a teacher or organiser by the Avon and Bristol Federation of Boys Clubs, the Christian Education Movement, the LASER Advisory Council, the Service Children s Schools (North-West Europe), the Sports Council or the Workers Educational Association, or

Section 4 Exclusion from pensionable employment

In regulation B5(1)(b) there shall be omitted the words “or maternity leave” and there shall be inserted at the end the words “, or on maternity leave and entitled to be paid any contractual remuneration or statutory maternity pay”.

Section 5 Resumption of pensionable status

In regulation B7—

(a) in paragraph (1) the words “Subject to paragraphs (5) and (6),” shall be omitted; and

(b) paragraphs (5) and (6) shall be omitted.

Section 6 Additional contributions for past period

In regulation C3(a)—

(a) in paragraph (1)(a) the words “except where paragraph (5) applies,” shall be omitted;

(b) the word “or” shall be inserted after paragraph (2)(b);

(c) paragraph (2)(d) and the word “or” preceding it shall be omitted;

(d) paragraphs (3) and (5) shall be omitted;

(e) paragraph (6)(g)(ii) and the word “or” preceding it shall be omitted; and

(f) paragraph (12)(d)(ii) and the word “and” preceding it shall be omitted.

Section 7 Additional contributions for past period by family pensioner

Regulation C4(1)(a)(ii) shall be omitted.

Section 8 Additional contributions for current period

In regulation C8(1)(d) there shall be inserted at the end “or is not engaged in full-time employment in a capacity described in Part II of Schedule 2”.

Section 9 Repayment of certain contributions paid for family benefits

Regulation C12(1)(b) shall be omitted.

Section 10 Return of repaid contributions

In regulation C14 after paragraph (9) there shall be inserted the following paragraph—

(10) For the purposes of this regulation, a person is to be treated as being in pensionable employment if he is paying additional contributions under regulation C8 or C8A and such person may, except where paragraph (2)(b) applies, elect to make the return by instalments under paragraph (7).

Section 11 Reckonable service generally

In regulation D1 after paragraph (3) there shall be inserted the following paragraph—

(4) In calculating the length of reckonable service—

(a) no account shall be taken of a leap year day (29th February) except as provided in sub-paragraph (b) below; but

(b) where total reckonable service which includes part of a year ends in a leap year on or after the leap year day that day shall be included in the number of days of reckonable service.

Section 12 Avoidance of duplicate pensions

Regulation E9(1)(b) shall be amended by substituting for the words “and community charges” the words “, community charges or council tax”.

Section 13 Abatement of retirement pension during further employment

In regulation E14—

(a) in paragraph (3) there shall be omitted the words “in respect of employment falling within paragraph (1)(a)”; and

(b) paragraphs (4) and (5) shall be omitted.

Section 14 Death grants

In regulation E19 there shall be inserted—

(a) at the end of paragraph (1)(c) the words “and was not in receipt of any retirement pension to which he was entitled by virtue of regulation E4(6) by reason of his incapacity”; and

(b) in paragraph (7)(a) after the words “it is to be paid”, the words “to the person nominated by the deceased to receive the grant or, in the absence of such a nomination,”.

Section 15 Supplementary death grants

In regulation E20(6)(b) there shall be inserted after the words “it is to be paid” the words “to the person nominated by the deceased to receive the grant or, in the absence of such a nomination,”.

Section 16 Family benefits generally

In regulation E21(5)(b) there shall be inserted after the word “calling” the words—

“and he has been receiving such education or attending such course of training or both continuously since having attained that age without a break at any one time of longer than a year”.

Section 17 Nomination of beneficiaries

In regulation E22(1) for the words “while in pensionable employment” there shall be substituted the words “before retirement benefits have been paid”.

Section 18 Payment by employers to Secretary of State

In regulation G6—

(a) in paragraph (1) for “14” there shall be substituted “7”; and

(b) in paragraph (3) for “14” there shall be substituted “7” and for “15th” there shall be substituted “8th”.

Section 19 Modified application in case of employment at reduced salary

In regulation H1—

(a) in paragraph (1)(a) after the word “salary” there shall be inserted the words “in a different post”; and

(b) after paragraph (3) there shall be inserted the following paragraph—

(4) Where a statutory corporation becomes a person s employer by virtue of the operation of any of the provisions of the Education Acts 1944 to 1993 or any enactment made thereunder regarding the transfer of staff or the transfer of rights and liabilities under a contract of employment then, for the purposes of this regulation, that corporation shall be treated as the same employer as the employer who employed that person immediately before his employment was so transferred.

Section 20 Amendment to glossary of expressions

In Schedule 1—

(a) after the entry relating to the expression “Further education” there shall be inserted the following entry—

“Grant-maintained special school” hThe meaning given in sections182(3) and 187(3)(b) of theEducation Act 1993

(b) in the entry relating to the expression “incapacitated”, for the words “a rate” there shall be substituted the words “rates, community charges or council tax levied by local authorities”.

Section 21 Pensionable employment

In Schedule 2—

(a) in paragraph 2 there shall be substituted for the word “not” the words “which is not a grant-maintained special school or”;

(b) in paragraph 3 after the word “State” there shall be inserted the words “or a funding authority within the meaning of section 5 of the Education Act 1993”;

(c) after paragraph 3 there shall be inserted the following paragraph—

(3A) Teacher in a grant-maintained special school.

(d) in paragraph 24(a)—

(i) the words “the Council for National Academic Awards,” shall be omitted; and

(ii) at the appropriate places in alphabetical order there shall be inserted the words—

the Association of Business Schools,

the Church of England Board of Education,

the Education 2000 Trust,

the London Open College Federation,

(e) for paragraph 26(b) there shall be substituted the following paragraph—

(26) Teacher employed in—

the British School of Brussels, (Belgium),

the British School in the Netherlands,

the British School of Paris (France),

St Julian s School (Carcavelos, Portugal), or

Mougins School (Mougins, France)

Section 22 Additional contributions for past period—Method D

Part IV of Schedule 4 shall be omitted.

Section 23 Additional contributions for past period under earlier provisions

In Part I of Schedule 5—

(a) in paragraph 1(1) for the words “and 3” there shall be substituted the words“, 3 and 3A”;

(b) for sub-subparagraph (b) of paragraph 1(5) there shall be substituted the following sub-subparagraph—

(b) has effect from the beginning of the month following the month in which the Seretary of State gives written notice of his acceptance of the election.

(c) after paragraph 3 there shall be inserted the following paragraph—

(3A)

(1) A person may elect, by giving written notice to the Secretary of State, to cease to pay contributions payable by Method 1 but, in the case of such election being made, any additional contributions paid up to that time are not to be refunded.

(2) An election under this paragraph has effect only if the Secretary of State notifies the person in writing that it has been accepted.

Section 24 Uncompleted payment of additional contributions

In Schedule 7 after paragraph 5 there shall be inserted the following paragraph—

(6)

(1) This paragraph applies where a person paying additional contributionsfor a past period in accordance with Method 1, as described in paragraph 1 of Schedule 5, elects to cease to pay such contributions in accordance with paragraph 3A of that Schedule.

(2) Where this paragraph applies, the person is entitled to count as reckonable service—

where—

A is the past period,

B is the contribution period, and

C is so much of B as had elapsed by the date on which the election has effect in accordance with paragraph 3A(2) of Schedule 5.

Section 25 Allocation of part of retirement pension

In paragraph 1 of Part I (contents of declaration) of Schedule 11 after sub-paragraph (2) there shall be inserted the following sub-paragraph—

(3) The part allocated must not be such as to cause the retirement pension payable to be less than the guaranteed minimum.

Section 26 Transfer values

In paragraph 11(2) of Part III (inward transfers) of Schedule 12, for the words “the cash equivalent” there shall be substituted the words “an actuarial”.

Section 27 Transitional provisions

(1) The amendment to regulation E21(5)(b)

made by regulation 16 above shall not apply in relation to a provision to or for the benefit of a child of a person who died before 1st May 1994.

(2) The amendment to regulation H1 made by regulation 19(a)

above shall not apply in relation to a person whose employment at a reduced rate started before 1st May 1994.