The Teachers' Superannuation (Pension Sharing on Divorce) (Scotland) Regulations 2001

Regulation 4

SCHEDULE 1 SCHEDULE TO BE INSERTED IN THE TEACHERS' SUPERANNUATION (SCOTLAND) REGULATIONS 1992

Regulation J1

“SCHEDULE 1A INTERPRETATION

In these Regulations–

“the 1993 Act” means the Pension Schemes Act 1993(1);

“the 1995 Act” means the Pensions Act 1995(2);

“the 1999 Act” means the Welfare Reform and Pensions Act 1999(3);

“appropriate percentage” has the meaning given in regulation J5(4);

“appropriate rights” has the meaning given in regulation J7(3);

“ex spouse” means an individual to whom pension credit rights under the Scheme have been or are to be allocated following a pension sharing order;

“indexing” means indexing according to the Government Index of Retail Prices;

“the Inland Revenue” means the Commissioners of Inland Revenue;

“member of the Scheme” means a member of the Scheme and includes an active member, a deferred member and a pension credit member;

“normal retirement age” means 60;

“pension credit” has the meaning given in regulation J3(b);

“pension credit benefit” means in relation to the Scheme the benefits payable under the Scheme to or in respect of a pension credit member by virtue of his appropriate rights under the Scheme attributable to a pension credit;

“pension credit member” means an individual who is a member of the Scheme, either,

(i)

solely for the provision of a pension credit benefit; or

(ii)

for the wholly separate provision of a pension credit benefit, where benefits accrue or have accrued to that individual under the Scheme for any other reason;

“pension credit rights” means rights to future benefits under the Scheme which are attributable to a pension credit;

“pension debit” has the meaning given in regulation J3(a);

“pension debit member” means a member, whether an active member, a deferred member or a pensioner member, whose shareable rights under the Scheme are subject to a pension debit;

“pension sharing order” means any order or provision which is mentioned in section 28(1) of the 1999 Act or article 25(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999(4);

“pensionable service” has the meaning given by section 124(1) of the Pensions Act 1995(5);

“Regulatory Authority” has the meaning given in regulation J10(4);

“the Scheme” means the pension scheme constituted by these Regulations;

“shareable rights” has the meaning given by section 27(2) of the 1999 Act;

“transfer day” has the meaning given in regulation J5(4);

“transferee” has the meaning given by section 29(8) of the 1999 Act; and

“transferor” has the meaning given by section 29(8) of the 1999 Act.”.

Regulation 5

SCHEDULE 2 MINOR AND CONSEQUENTIAL AMENDMENTS TO THE TEACHERS' SUPERANNUATION (SCOTLAND) REGULATIONS 1992

Interpretation

1.  In regulation A2 after paragraph (1) insert “(1)A Schedule 1A shall also apply as regards the interpretation of these Regulations”.

Amount of retirement pension

2.  In regulation E6(1), for “E11” there shall be substituted “E11A”.

Pension debit member

3.  After regulation E11 insert–

“Pension debit member

E11A.— (1) The amount of a retirement pension or retirement lump sum payable to a pension debit member shall be reduced to take into account the debit to which the shareable rights of the pension debit member are subject under a pension sharing order.

(2) The amount of the reduction shall be in accordance with guidance issued for this purpose by the Government Actuary.”

Deficiency grants

4.  In regulation E20(4), after the words “(actuarial reduction of lump sum on early retirement)” there shall be inserted the words “or any debited pension rights by virtue of regulation J5 (pension debits and reduction of benefit)”.

Amount and duration of short-term family benefits

5.  In regulation E24(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”.

Amounts of spouses' and nominated beneficiaries' long-term pensions

6.  In regulation E26–

(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 of a nominated beneficiary becomes entitled to a pension under regulation E25, that pension shall be reduced by the same proportion by which the deceased’s retirement benefits would have been reduced if he had become entitled to them on the day he died.”.

Amounts of children’s long-term pensions

7.  In regulation E27, after paragraph (3), there shall be inserted–

“(3A) In the case of a pension debit member, the pension is calculated by reference to the pension to which the deceased would have been entitled had his shareable rights not been subject to a pension debit.”.

Payment of benefits

8.  In regulation E31(1) after the words “this Part” insert the words “or Part J”.

Interest on late payment of certain benefits

9.  In regulation E31A(1) after the words “payable under regulation E23” insert the words “or under Part J”.

(1)

1993 c. 48.

(2)

1995 c. 26.

(3)

1999 c. 30.

(4)

S.I. 1999/3147 (N.I. 11).

(5)

Section 124 is amended by paragraph 61 of Schedule 12 to the Welfare Reform and Pensions Act 1999