The Teachers' Pensions Regulations 1997

Regulation C6

SCHEDULE 5 ADDITIONAL CONTRIBUTIONS FOR PAST PERIOD UNDER EARLIER PROVISIONS

1.—(1) Subject to sub-paragraphs (2) to (5) and paragraphs 2, 3 and 4, where immediately before 3rd February 1998 contributions remained to be paid under regulation 26 of the 1976 Regulations (contributions payable by “Method l”), they are to continue to be paid at the rate at which, and until the end of the period during which, they were then payable; and during any period of contribution for a current period under regulation C9 or C10 they are to be paid direct to the Secretary of State.

(2) Subject to sub-paragraphs (3) to (5), the person paying the contributions may at any time elect to pay them at a higher rate.

(3) The higher rate must be an integral percentage, not in any case exceeding 9, of the person’s contributable salary.

(4) If he is paying other additional contributions under Part C, or towards the provision of a pension otherwise than under these Regulations, sub-paragraph (3) has effect with the substitution for “9” of the number obtained by deducting from 9 the percentage rate of those other contributions.

(5) An election under this paragraph—

(a) must be made by giving written notice to the Secretary of State, and

(b) has effect only if the Secretary of State notifies the person in writing that it has been accepted and, if the Secretary of State does so, has effect from the beginning of the month following the month in which he gives such notification.

2.  Where an election has been made under paragraph 1, the period during which the contributions are to be paid is shortened to the same extent as it would have been if they had continued to be payable under regulation 26 of the 1976 Regulations.

3.  If, before all the contributions payable under paragraph 1 or 2 have been paid, the person ceases to be in full-time pensionable employment or dies in such employment, paragraphs 7, 8 (except sub-paragraph (5)), and 10 to 12 of Schedule 4 (election to pay a lump sum etc.) and paragraphs 2(b), 3(b), 4 and 7 of Schedule 7 (reckonable service) apply as if the contributions had been payable under regulation C4, but with the substitution for Table 2 in paragraph 8(6) of Schedule 4 of the Table below.

TABLE

Years remaining in contribution period	Multiplier
1	0.990
2	1.961
3	2.913
4	3.846
5	4.760
6	5.657
7	6.536
8	7.398
9	8.244
10	9.072
11	9.884
12	10.681
13	11.461
14	12.227
15	12.977
16	13.713
17	14.434
18	15.141
19	15.835
20	16.514

4.—(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.

5.—(1) Subject to sub-paragraph (2) and paragraph 6, where immediately before 3rd February 1998 contributions remained to be paid under regulation 28 of the 1976 Regulations (contributions payable by “Method 3”), they are to continue to be paid until the end of the period for which they were then payable (“the contribution period”).

(2) The contributions are to be paid only while the person—

(a) is in full-time pensionable employment, or

(b) is paying additional contributions for a current period under regulation C9 or C10.

6.—(1) If before the end of the contribution period the contributions payable under paragraph 5 cease to be payable otherwise than by reason of the person's—

(a) dying, or

(b) becoming incapacitated before attaining the age of 60,

he may by giving written notice to the Secretary of State within 3 months after the cessation elect to complete payment of the additional contributions by making a lump sum payment under this paragraph.

(2) Subject to paragraph 3 of Schedule 3, the amount of the payment is the total of the contributions that would have been payable for the remainder of the contribution period.

(3) A lump sum payable under this paragraph may, if he agrees, be set off against any retirement lump sum to which the person is entitled.

7.  Where immediately before 3rd February 1998 contributions remained to be paid by virtue of regulation 29 of the 1976 Regulations (certain contributions first paid before 1973), they are to continue to be paid as if the 1976 Regulations had not been revoked by the 1988 Regulations.

8.  Where immediately before 3rd February 1998 contributions remained to be paid under Part III of Schedule 4 to the 1988 Regulations (contributions payable by Method C) pursuant to an election under regulation C3(2)(c) of the 1988 Regulations made before 1st October 1996 they are to continue to be paid until the end of the period for which they were then payable.

9.—(1) Subject to sub-paragraphs (2) and (3), if a person who has made an election under regulation C3(2)(c) of the 1988 Regulations—

(a) before the end of the contribution period ceases to be in full-time pensionable employment, and

(b) does not again enter such employment within one month and before becoming entitled to payment of retirement benefits,

the election under regulation C3(2)(c) of the 1988 Regulations ceases to have effect.

(2) Unless he received a repayment of contributions under regulation C12, the person may by giving written notice to the Secretary of State within 3 months after the end of his employment elect to complete payment of the additional contributions so that paragraph 2 of Schedule 7 shall apply by making a lump sum payment under this paragraph.

(3) The amount of the payment is, subject to paragraph 3 of Schedule 3, the actuarial equivalent, when the employment ended, of the additional contributions that would have been payable for the remainder of the contribution period.

(4) If the payment is not made within 3 months after the end of the person’s employment the election ceases to have effect.

(5) A lump sum payable under this paragraph may be set off against any retirement lump sum to which the person is entitled.

10.  During any period for which a person is paying additional contributions for a current period under regulation C9 or C10, for the purposes of paragraphs 8 and 9—

(a) he is to be treated as being in full-time pensionable employment, and

(b) his contributable salary is the notional salary described in regulation C9(7) or, as the case may be, regulation C10(4).