The Teachers' Superannuation (Scotland) Amendment Regulations 2007

Amendment of the Teachers' Superannuation (Scotland) Regulations 2005

30.  For regulation E8 (amount of retirement lump sum) substitute the following–

“Amount of retirement lump sum

E8.— (1) This regulation applies to a pre-2007 entrant and a teacher with mixed service.

(2) Subject to paragraphs (4) to (7) and regulations E9 and E10, the amount of retirement lump sum for a teacher to whom this regulation applies is A × (B+C) where–

• A is 3/80ths of the teacher’s pensionable salary;

• B is, in the case of a pre-2007 entrant, his or her effective reckonable service or, in the case of a teacher with a mixed service, that part of his or her effective reckonable service which was before the post-employment break start (except, in either case, any service falling within C); and

• C is any period which the teacher is entitled to count as reckonable service by virtue of regulation D3 (past added years for which additional contributions have been paid).

(3) For the purposes of paragraph (2) reckonable service is to be expressed in years and fractions of a year.

(4) A teacher’s retirement lump sum cannot exceed his or her permitted maximum.

(5) Where–

(a) a teacher to whom this regulation applies who has become entitled to the payment of retirement benefits by virtue of regulation E6(6) before attaining the age of 60 has ceased to be in pensionable or excluded employment on or after 1st September 1997; or

(b) a teacher to whom this regulation applies has become entitled to payment of retirement benefits by virtue of regulation E6(7) before attaining the age of 60,

the amount of the teacher’s retirement lump sum shall be the amount calculated in accordance with paragraph (2) multiplied by the appropriate factor.

(6) A teacher who has reached the age of 75 or over is not entitled to a lump sum.

(7) Where a teacher has received phased retirement benefits the teacher’s effective reckonable service is calculated in accordance with regulation E7(13).

(8) Where an election to receive phased retirement benefits ceases to have effect by virtue of regulation E6A(6), the amount of a teacher’s retirement lump sum on entitlement to payment of retirement benefits is reduced by the amount of any lump sum which the teacher has already received pursuant to that election.”.