The Teachers' Superannuation (Scotland) Regulations 2005

PART II PROCEDURE

2.—(1) A teacher who, with a view to making an allocation, gives the Scottish Ministers at least 4 months' notice of his or her intended retirement referred to in this Schedule as a “retiring employee”.

(1) For the purposes of this Schedule a teacher’s relevant birthday shall be–

(a) where retirement benefits become payable by virtue of regulation E6(1)(c), his or her 50th; and

(b) in any other case, his or her 60th.

3.—(1) Before delivering a declaration, a teacher shall give the Scottish Ministers written notice of his or her intention to make an allocation.

(1) The notice shall be given–

(a) in the case of a retiring employee, no later than his or her application for payment of retirement benefits; and

(b) in any other case, no earlier than 4 months before the later of–

(i) the date on which the person becomes qualified for retirement benefits; and

(ii) his or her relevant birthday.

4.—(1) Before delivering a declaration, a teacher shall, at his or her own expense–

(a) satisfy the Scottish Ministers as to his or her health; and

(b) provide the Scottish Ministers with such information about the person for whose benefit the allocation is to be made, and verify it in such manner as the Scottish Ministers may reasonably require.

(2) In order to satisfy the Scottish Ministers as to his or her health, the teacher shall submit himself or herself for examination by a medical practitioner nominated by the Scottish Ministers; he or she may if he or she wishes be examined by a second medical practitioner so nominated if the Scottish Ministers are not satisfied as a result of the first examination.

5.—(1) On receiving a notice under paragraph 3, the Scottish Ministers shall notify the person in writing of–

(a) the amount or estimated amount of his or her retirement pension;

(b) if paragraph 4 of regulation E7 applies, the amount or estimated amount of the retirement pension to which he or she would be entitled if that paragraph did not apply;

(c) the name and address of the nominated medical practitioner; and

(d) the time within which any declaration is to be delivered.

(2) A declaration shall be delivered–

(a) if the person is resident outside the United Kingdom, within 4 months; and

(b) in any other case, within 3 months,

after receipt of the Scottish Ministers' notification under sub paragraph (1).

(3) If they are satisfied as to the teacher’s health, and with the information provided in accordance with paragraph 4(1)(b), the Scottish Ministers shall send him or her a suitable form on which to make the declaration.

(4) On the delivery to them of a declaration, the Scottish Ministers shall provide the teacher making it with written particulars of the alternative benefit.

6.  A declaration, and any notice or other communication under this Part, may be sent by post.