Search Legislation

The Teachers' Superannuation (Scotland) Regulations 2005

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART IMETHOD A

1.—(1) In this Part (and throughout this Schedule), “the principal election” means the election made under regulation C5, “the past period” means the period specified under regulation C5(9)(a) and the “contribution period” means the period specified under regulation C5(9)(c).

(2) During any period for which a teacher is paying additional contributions to purchase current added years under regulation C8, for the purposes of this Part–

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

(b)his or her contributable salary is the notional salary described in regulation C8(7).

2.—(1) The contribution period must be one of not less than one year, and begins on the first day of the month following the expiry of a period of one month from the date of acceptance of the election by the Scottish Ministers.

(2) The contribution period and the past period must be such that A + B does not exceed 15 per cent of his or her contributable salary for the time being, where–

  • A is the rate at which the additional contributions are payable; and

  • B is the rate at which he or she pays other contributions under Part C (except any treated as employer’s contributions) or towards the provision of a pension otherwise than under these Regulations.

3.  Subject to paragraphs 4 and 6, the rate at which the additional contributions are payable is the percentage ascertained from Table 1 below of his or her contributable salary for the time being.

TABLE 1

Contribution period (in years)12345678910
Age when notice of election givenPercentage contribution in respect of each year of past period
2019.649.876.614.953.943.272.782.422.141.91
2119.829.966.614.933.923.242.762.402.121.89
2220.039.936.564.883.883.212.732.372.091.86
2319.689.766.454.813.823.162.692.332.061.84
2419.349.606.364.743.763.112.642.292.021.81
2519.069.476.274.673.703.062.602.262.001.79
2618.809.346.184.593.643.012.562.231.981.78
2718.569.196.084.523.592.972.532.211.961.76
2818.219.035.974.443.532.932.512.191.951.75
2917.888.875.874.383.492.902.492.181.941.74
3017.608.745.794.333.462.892.482.171.931.74
3117.348.625.744.313.452.882.472.171.931.74
3217.108.575.724.303.452.882.472.171.941.75
3317.148.585.734.313.462.892.482.181.951.76
3417.168.605.754.323.472.902.502.191.961.77
3517.218.635.764.343.482.912.512.201.971.78
3617.268.655.794.363.502.932.522.221.981.79
3717.298.695.824.383.522.952.542.231.991.80
3817.408.745.854.413.542.972.552.252.011.82
3917.518.805.894.443.572.992.572.262.021.83
4017.628.855.924.463.593.012.592.282.041.84
4117.728.895.954.493.613.032.612.292.051.86
4217.778.935.994.523.633.042.622.312.071.87
4317.868.986.024.553.663.062.642.332.081.89
4417.959.036.064.573.673.082.662.342.101.90
4518.049.086.084.583.693.092.672.362.111.92
4618.139.096.094.603.703.112.692.372.131.93
4718.079.096.104.613.723.122.702.392.141.95
4818.089.106.124.633.733.142.722.402.161.97
4918.089.116.134.643.743.152.732.422.181.98
5018.089.126.134.653.763.172.752.432.192.02
5118.579.376.304.773.863.252.822.502.252.08
5219.079.626.474.903.973.342.902.572.312.13
5319.649.916.675.054.093.442.992.652.382.19
5420.2510.226.885.214.223.553.082.732.452.25
5520.8810.547.105.384.353.673.182.812.532.32
5621.5610.897.335.564.503.793.282.912.612.39
5722.3011.267.595.754.653.923.403.012.702.47
5823.1011.677.865.964.824.063.523.122.802.56
5923.9812.128.176.195.014.223.663.232.912.65
6025.0012.648.526.465.234.403.813.373.03
6124.5612.428.376.355.134.333.753.31
6224.1212.198.226.235.044.253.68
6323.6611.968.066.114.944.17
6423.1911.727.905.994.85
6522.7111.487.745.87
6622.2311.247.58
6721.7310.99
6821.24

TABLE 1 (Contd)

Contribution period (in years)11121314151617181920
Age when notice of election givenPayment percentage for each extra year bought in
201.721.571.441.331.231.151.081.020.960.91
211.701.551.421.311.221.141.071.010.960.91
221.681.531.411.301.211.131.071.010.950.91
231.661.511.391.291.201.131.061.000.950.90
241.641.501.381.281.191.121.051.000.940.90
251.621.491.371.271.191.111.050.990.940.90
261.611.481.361.271.181.111.050.990.940.90
271.601.471.361.261.181.111.050.990.940.90
281.591.461.351.261.181.111.050.990.940.90
291.591.461.351.261.181.111.050.990.940.90
301.591.461.351.261.181.111.051.000.950.90
311.591.461.361.261.181.121.051.000.950.91
321.601.471.361.271.191.121.061.010.960.92
331.611.481.371.281.201.131.071.010.970.92
341.611.491.381.291.211.141.081.020.970.93
351.621.501.391.301.221.151.081.030.980.94
361.641.511.401.311.231.161.091.040.990.95
371.651.521.411.321.241.171.101.051.000.96
381.661.531.421.331.251.181.121.061.020.97
391.671.541.431.341.261.191.131.071.030.99
401.691.561.451.351.271.201.141.091.041.00
411.701.571.461.371.291.221.161.101.061.03
421.711.581.471.381.301.231.171.121.091.06
431.731.601.491.401.321.251.191.151.121.08
441.741.611.501.411.331.271.231.181.141.11
451.761.631.521.431.361.311.261.211.171.14
461.781.651.541.461.401.341.291.241.201.17
471.791.661.571.501.431.381.321.281.231.19
481.811.701.611.541.471.411.361.311.261.22
491.851.751.661.581.511.451.391.341.291.25
501.901.801.701.621.551.481.421.371.32
511.951.841.741.651.581.511.451.39
521.991.871.771.681.601.531.47
532.041.921.811.721.631.56
542.101.971.861.761.67
552.162.021.901.80
562.222.071.95
572.292.13
582.36

TABLE 1 (Contd)

Contribution period (in years)21222324252627282930
Age when notice of election givenPayment percentage for each extra year bought in
200.870.830.790.760.730.700.680.660.640.62
210.870.830.790.760.730.700.680.660.640.62
220.860.820.790.760.730.700.680.660.640.62
230.860.820.790.760.730.700.680.660.640.62
240.860.820.790.760.730.700.680.660.640.62
250.860.820.790.760.730.700.680.660.640.62
260.860.820.790.760.730.700.680.660.640.62
270.860.820.790.760.730.710.680.660.640.63
280.860.820.790.760.730.710.690.670.650.63
290.860.830.790.770.740.710.690.670.650.64
300.870.830.800.770.740.720.700.680.660.65
310.870.840.800.780.750.730.700.680.670.66
320.880.840.810.780.760.730.710.700.680.67
330.880.850.820.790.770.740.720.710.700.68
340.890.860.830.800.770.750.740.720.710.70
350.900.870.840.810.790.770.750.740.720.71
360.910.880.850.820.800.790.770.750.740.73
370.920.890.860.840.820.800.790.770.760.74
380.940.910.880.860.840.820.810.790.770.76
390.950.930.900.880.860.840.820.810.790.78
400.980.950.930.900.880.860.840.830.81
411.000.970.950.920.900.880.860.85
421.031.000.970.950.920.900.88
431.051.021.000.970.950.93
441.081.051.020.990.97
451.101.071.041.02
461.131.101.07
471.161.13
481.19

TABLE 1 (Contd)

Contribution period in years31323334353637383940
Age when notice of election givenPayment percentage for each extra year bought in
200.600.580.560.550.540.520.510.500.490.48
210.600.580.570.550.540.530.510.500.500.49
220.600.580.570.550.540.530.520.510.500.49
230.600.580.570.560.540.530.520.510.510.50
240.600.590.570.560.550.540.530.520.510.51
250.600.590.570.560.550.540.530.530.520.51
260.610.590.580.570.560.550.540.530.530.52
270.610.600.580.570.570.560.550.540.530.53
280.620.600.590.580.570.570.560.550.540.53
290.620.610.600.590.580.570.570.560.550.54
300.630.620.610.600.590.580.580.570.56
310.640.630.620.610.600.590.590.58
320.660.650.630.620.610.610.60
330.670.660.650.640.630.62
340.680.670.660.650.64
350.700.690.670.66
360.710.700.69
370.730.72
380.74

TABLE 1 (Cont)

Contribution period in year41424344454647484950
Age when notice of election givenPayment percentage for each extra year bought in
200.480.470.460.460.450.450.440.440.43
210.480.480.470.460.460.450.450.44
220.490.480.480.470.460.460.45
230.490.490.480.480.470.46
240.500.490.490.480.48
250.510.500.490.49
260.510.510.50
270.520.51
280.53

4.—(1) At any time during the contribution period the teacher may, subject to paragraph 2, by giving written notice to the Scottish Ministers elect to shorten it or, if he or she has already made one or more such elections, to shorten it further.

(2) An election under this paragraph–

(a)has effect only if the Scottish Ministers notifies the teacher in writing that it has been accepted; and

(b)on acceptance, has effect as from the first day of the month following the date of its acceptance by the Scottish Ministers (“the effective date”).

(3) Subject to sub paragraph (4), from the effective date Table 1 in paragraph 3 applies with the substitution–

(a)for the teacher’s age at the date of the principal election, of his or her age at the date when the notice of the election under this paragraph was given;

(b)for the number of years in the contribution period, of the number of years after the effective date in the shortened period; and

(c)for the number of years in the past period, of–

where–

  • C is the number of years in the past period;

  • D is the number of years in the contribution period up to the effective date; and

  • E is the number of years in the contribution period.

(4) Where the teacher has already made one or more elections under this paragraph, calculations relating to the change in the rate at which additional contributions are payable shall be made on an actuarial basis.

5.—(1) At any time during the contribution period the teacher may by giving written notice to the Scottish Ministers elect to reduce the rate at which the additional contributions are payable.

(2) An election under this paragraph shall specify whether the reduced rate is to be paid–

(a)in respect of the balance of the contribution period, specified in the principal election, after the election under this paragraph has effect in accordance with sub-paragraph (3); or

(b)for a particular period, specified in the election, extending beyond the contribution period during which additional contributions were to be paid in respect of the past period specified in the principal election.

(3) An election under this paragraph–

(a)has effect only if the Scottish Ministers notify the teacher in writing that it has been accepted; and

(b)on acceptance, has effect as from the first day of the month following the date of its acceptance by the Scottish Ministers.

(4) Calculations relating to any change in the amount of reckonable service to which the teacher will become entitled, or to any change in the contribution period, resulting from an election under this paragraph shall be made on an actuarial basis.

6.—(1) Subject to sub paragraphs (2) to (7), if the teacher–

(a)before the end of the contribution period ceases to be in pensionable employment; and

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

the principal election ceases to have effect.

(2) Unless the teacher receives a return of contributions under regulation C11, that teacher may–

(a)if he or she became entitled to payment of retirement benefits on ceasing to hold his or her employment, before receiving a retirement lump sum; or

(b)in any other case, within 3 months after the end of his or her employment,

by giving written notice to the Scottish Ministers make an election in accordance with sub paragraph (3) or, as the case may be, (8).

(3) An election under this sub paragraph may be made where the teacher has been in full-time pensionable employment throughout the contribution period.

(4) An election under sub paragraph (3) is an election to complete the payment of additional contributions (so that regulation D3(1)(b) will apply instead of regulation D3(2)) by making a lump sum payment the amount of which shall be determined in accordance with sub-paragraph (5), (6) or (7) as the case may be.

(5) Where the teacher had not attained the age of 60 when he or she ceased to hold his or her employment, the amount of the payment is, subject to sub paragraph (6) and 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.

(6) Where–

(a)when the teacher ceased to hold his or her employment he or she had become incapacitated and had not attained the age of 60; and

(b)he or she would have attained that age before the end of the contribution period,

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 after he or she attained that age.

(7) Where the teacher had attained the age of 60 when he or she ceased to hold his or her employment, the amount of the payment is, subject to paragraph 3 of Schedule 3, E × F, where–

  • E is the amount of the additional contributions for one year at the rate at which they were last payable; and

  • F is the multiplier ascertained from, or where the remainder of the contribution period is not an exact number of years by extrapolation from, Table 2 below.

TABLE 2

Years remaining in contribution periodMultiplier
10.989
21.956
32.902
43.827
54.732
65.617
76.482
87.328
98.156
108.965

(8) An election under this sub-paragraph may be made where the teacher has been in part-time pensionable employment at any time during the contribution period

(9) An election under sub paragraph (8) may be either–

(a)an election to make a lump sum payment such that the teacher will be entitled to count as reckonable service the number of years which he or she would have been entitled to count if he or she had been in full-time pensionable employment throughout such of the contribution period as had elapsed before he or she ceased to be in pensionable employment (so that regulation D3(2) and paragraph 1 of Schedule 7 will apply accordingly); or

(b)an election to make a lump sum payment to complete payment of additional contributions as if he or she had been in full-time pensionable employment from the date on which he or she ceased to be in pensionable employment to the end of the contribution period (so that regulation D3(2) and paragraph 1 of Schedule 7 will apply accordingly); or

(c)an election to make a lump sum payment to complete payment of additional contributions as if he or she had been in full-time pensionable employment throughout the contribution period (so that regulation D3(1)(b) will apply instead of regulation D3(2)).

(10) Where the election is made for the purpose of head (a) of sub-paragraph (9) the amount of the lump sum payment shall be such amount as would be payable under Part II of this Schedule in order to count as reckonable service the difference between the length of reckonable service arising from such of the contribution periods as had elapsed before the teacher ceased to be in pensionable employment and the length of such service if the teacher had been in full-time pensionable employment throughout that period.

(11) Where an election is made for the purpose of head (b) of sub paragraph (9) the amount of the lump sum payment is one of the following amounts as appropriate–

(a)the amount referred to in sub-paragraph (5) on the assumption that the teacher would have been in full time pensionable employment for the remainder of the contribution period;

(b)the amount referred to in sub paragraph (6) on the assumption that the teacher would have been in full-time employment during such part of the contribution period as would have fallen after he or she attained the age of 60;

(c)the amount referred to in sub paragraph (7) modified (in a case where the teacher was employed part-time immediately before he or she ceased to be in pensionable employment) such that in place of the definition of E there is substituted the following definition–

Eis the amount of the additional contributions for one year at the rate at which they would have been last payable on the assumption that the teacher would have been in full-time pensionable employment..

(12) Where an election is made for the purpose of head (c) of sub-paragraph (9) the amount of the lump sum payment is the aggregate of the amounts referred to in sub-paragraphs (10) and (11).

(13) An election under sub paragraph (8) shall state whether it is an election for the purpose of head (a), (b) or (c) of sub-paragraph (9).

(14) If the payment is not made within the period allowed by sub paragraph (2) for making the election, the election ceases to have effect.

7.  Where paragraph 6 has become applicable and the teacher is entitled to a retirement lump sum which is smaller than the payment he or she could elect to make under that paragraph, he or she may instead elect, in the same way and during the same period, to make a payment under this paragraph of a lump sum equal to the retirement lump sum.

8.  Any retirement lump sum to which the teacher is entitled may, subject to paragraph 9(2)(d), be set off in whole or part against any payment to be made under paragraph 6 or 7.

9.—(1) This paragraph applies–

(a)where paragraph 6 has become applicable because the teacher died while in pensionable employment; or

(b)where the teacher dies within 3 months after ceasing to be in such employment without having made an election under paragraph 6 or 7,

and another person is entitled under regulation E30 to a long-term pension in respect of him or her.

(2) Where this paragraph applies–

(a)the teacher is to be treated as having ceased to hold the employment when incapacitated;

(b)any election that could have been made under paragraph 6 or 7 may, within 3 months after the death, be made by the pensioner, or in the case of a child by a person acting on his or her behalf;

(c)if any payment due by virtue of such an election is not made within 3 months after the death the election ceases to have effect; and

(d)a terminal sum may be set off against such a payment only to the extent that the person entitled to it consents.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources