Teachers' Superannuation (Additional Voluntary Contributions) Regulations (Northern Ireland) 1996

Interpretation

2.—(1) In these Regulations—

“approved scheme” means a retirement benefits scheme approved under Chapter 1 of Part XIV of the Taxes Act;

“authorised insurance company” means either—

(a)

a company which is a United Kingdom branch or office of an insurance company to which Part II of the Insurance Companies Act 1982(1) applies and which is authorised under section 3 or 4 of that Act to carry on long-term insurance business; or

(b)

an EC company as defined by section 2(6) of that Act(2) which is lawfully carrying on long-term insurance business in the United Kingdom;

“child” has the same meaning as in regulation 2(2) of the Teachers' (Compensation for Redundancy and Premature Retirement) Regulations (Northern Ireland) 1991(3);

“comparable Northern Ireland Service” has the same meaning as in regulation 2(1) of the Principal Regulations;

“contributor” is to be construed in accordance with regulation 7;

“the Department” means the Department of Education;

“dependant” in relation to a participator or a contributor means—

(a)

any surviving spouse;

(b)

any person who is a child of a participator or contributor; and

(c)

any person in respect of whom at the time of death of a participator or contributor a nomination under regulation 58 of the Principal Regulations(4) has effect;

“free-standing additional voluntary contributions scheme” means an approved scheme which falls within section 591(2)(h) of the Taxes Act;

“the Index” at any time means the index of retail prices published by the Central Statistical Office of the Chancellor of the Exchequer or any successor agreed as appropriate by the Board of Inland Revenue, for the calendar month three months prior to that time;

“lump sum death benefit” means a lump sum which will become payable in the event of a person dying while paying regular contributions to provide for it;

“participator” means—

(a)

a contributor who has made a benefits election under regulation 12(5);

(b)

a person who ceased to be a contributor not being a person in respect of whom the Department has paid a transfer value under regulation 11; or

(c)

a person in respect of whom a transfer value has been accepted under regulation 10;

“pension element” shall be construed in accordance with regulation 5(2);

“personal pension scheme” means a scheme approved under Chapter IV of Part XIV of the Taxes Act;

“Principal Regulations” means the Teachers' Superannuation Regulations (Northern Ireland) 1977(5);

“reckonable service” shall be construed in accordance with Regulation 3 of the Principal Regulations(6);

“regular contributions” means contributions, paid pursuant to an election under regulation 4(1)(a) or (c);

“retire” means become entitled under regulation 48 of the Principal Regulations(7) to payment of retirement benefits;

“retirement pension” has the meaning given by regulation 12(2);

“retirement benefits scheme” has the meaning given in section 611 of the Taxes Act;

“salary” means—

(a)

in relation to reckonable service the salary calculated in accordance with regulations 9 and 10 of the Principal Regulations; and

(b)

in relation to contributions payable under regulations 27 and 28 of the Principal Regulations(8), the salary determined in accordance with the provisions of those Regulations for the purposes of calculating the said contributions;

“Taxes Act” means the Income and Corporation Taxes Act 1988(9);

“tax year” means the 12 months beginning with 6th April in any year.

(2) For the purposes of these Regulations the pension equivalent of a lump sum shall be calculated by dividing the cash value of the lump sum by 12.

(1)

1982 c. 50

(2)

As inserted by S.I. 1994/1696 regulation 4(2)

(3)

S.R. 1991 No. 132

(4)

Regulations 57 to 62 were substituted by S.R. 1988 No. 363 regulation 9

(5)

S.R. 1977 No. 260 as amended by S.R. 1978 No. 147, S.R. 1978 No. 351, S.R. 1979 No. 380, S.R. 1980 No. 305, S.R. 1980 No. 435, S.R. 1981 No. 151, S.R. 1982 No. 12, S.R. 1982 No. 162, S.R. 1982 No. 346, S.R. 1987 No. 76, S.R. 1987 No. 86, S.R. 1987 No. 315, S.R. 1988 No. 64, S.R. 1988 No. 72, S.R. 1988 No. 167, S.R. 1988 No. 363, S.R. 1989 No. 25, S.R. 1989 No. 181 and S.R. 1991 No. 132

(6)

Regulation 3 was amended by S.R. 1980 No. 305 regulation 5 and S.R. 1987 No. 315 regulation 4

(7)

Regulation 48 was amended by S.R. 1978 No. 351 regulation 7, S.R. 1980 No. 305 regulation 19 and S.R. 1988 No. 363 regulation 6

(8)

Regulation 27 was amended by S.R. 1978 No. 147 regulation 3(f) and S.R. 1988 No. 167 regulation 5

(9)

1988 c. 1