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The Teachers' Superannuation (Scotland) Regulations 2005

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Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate the Regulations revoked by regulation J10 and Part I of Schedule 13, namely the Teachers' Superannuation (Scotland) Regulations 1992 (S.I. 1992/280, as amended) (the ?OQ?1992 Regulations) and certain amending instruments. In addition to minor and drafting alterations, these Regulations make the changes of substance which are shown in the table below. References in the second column are to the 1992 Regulations, as amended.

Tables of Derivations and Destinations have been prepared identifying individual regulations in the 2005 consolidated Regulations with the equivalent provisions in the superseded Regulations and vice versa. Copies of the Tables may be obtained from the Scottish Public Pensions Agency (Policy Branch), 7 Tweedside Park, Tweedbank, Galashiels, TD1 3TE. The Tables have been prepared to assist readers of the Regulations and do not have any legal effect.

Table

Consolidated provision of these RegulationsRevoked provision of the 1992 RegulationsSubjectChanges
B6, C1, C2, D1, E24, E29, E34, J4 and Schedule 1B5, C1, C1A, D1, E19, E24, E29, H3 and Schedule 1Paternity and adoption leavePaternity and adoption leave are equated with maternity leave.
B6(1)(c)B5Maternity payProvision reflects that an employee may be entitled to contractual remuneration in addition to statutory entitlement.
B6(5) and B7(7)Certain elections under the Teachers' Superannuation (Scotland) Regulations 1977 (S.I. 1977/1360, as amended) are deemed made under the 1992 RegulationsOmission of obsolete provision.
C1(8)Definition of comparable British service for purposes of regulation C1(7)For the purposes of the earnings cap, comparable British service shall not include service in the Channel Islands or Isle of Man.
C3(15)Definition of “further election” and “previous election”Omission of obsolete provision.
C6, C7, D5, D6 F2, Schedule Part IV, Schedule 11 Part IIWar serviceOmission of obsolete provisions.
C15(1)(c)C14(1)(b)Contributions to be deducted from salaryOmission of Part III of Schedule 4 to the 1992 Regulations. Method C is not available after 20th November 2000.
D3(1) & (3)D3(1) & (1B)Determination of reckonable service and lump sumOmission of Part III of Schedule 4 to the 1992 Regulations. Method C is not available after 20th November 2000.
E6(1)E5(1)Entitlement to payment of retirement benefitsOmission of grounds of entitlement relating to paras (5) (8) of Schedule 8 to the 1992 Regulations consequent on simplification of Schedule 8 by these Regulations.
E7(5)E6(5)Calculation of retirement benefitOmission of spent provision.
E7(4)Calculation of lump sum where resignation predates 22nd October 1996Omission of spent provision.
E24(1)(c)E19(1)(c)Death grantsClarification of entitlement to death grants.
E30(3)Service before 1st October 1956Omission of obsolete provision.
G2(1)F3(2)Transfer valuesReinstatement of provision erroneously repealed by S.I. 1997/676 regarding requirements for written notice.
J1(1)(d)H1(1)(d)Reduced salaryOmission of spent provision.
J2(2)H1A(2)(ii)Winding down employmentOmission of spent provision.
J9(5)H7(5)Permitted maximumIncrease in line with current Regulations.
Schedule 2 para 1Schedule 2 para 1Exceptions from pensionable employmentOmission of obsolete reference to certain agricultural colleges.
Schedule 4 Part III Method C and regulation C5(13)Calculation of past added years contributionsOmission of Part III of Schedule 4 to the 1992 regulations. Method C is not available after 20th November 2000.
Schedule 8Schedule 8Periods making up qualifying serviceSimplification of Schedule 8 by omission of certain specified employments.

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