The Teachers' Superannuation (Scotland) Regulations 2005

Winding down employment

J2.—(1) To participate in winding down employment a teacher must–

(a) have attained the age of 56;

(b) have been in full-time service for a period of 10 years immediately prior to commencing winding down employment;

(c) subject to sub-paragraph (b) have a minimum of 25 years' teaching service immediately prior to commencing winding down employment, which period may include a break or breaks in teaching service not exceeding 5 years in total; and

(d) have the consent of his or her employer.

(2) Where the employer consents to the teacher participating in the winding down employment the employer shall notify the Scottish Ministers in writing before the date which is 3 months after the first day of the teacher’s winding down employment of the matters specified in paragraph (3).

(3) For the purposes of paragraph (2) the matters which are to be notified to the Scottish Ministers are–

(a) that the teacher’s winding down employment is part-time service which is equal to or more than 50 per cent of full-time service;

(b) that the teacher’s full-time service equivalent contributable salary rate is not less than the teacher’s salary rate prior to commencing the winding down employment; and

(c) that the employer has consented to the teacher participating in the winding down employment.

(4) For the purposes of this regulation winding down employment is–

(a) part-time service which is equal to or more than 50 per cent full-time service; and

(b) for a maximum of 4 years.