1. These Regulations may be cited as the Teachers' Superannuation (Scotland) Amendment (No. 2) Regulations 2006 and shall come into force on 29th January 2007, but–
(a)regulation 4 and regulation 2 (so far as relevant to regulation 4) shall have effect from 14th June 2006; and
(b)regulations 3 to 7 and regulation 2 (so far as relevant to regulation 3) shall have effect from 2nd December 2006.
2. The Teachers' Superannuation (Scotland) Regulations 2005(1) are amended in accordance with regulations 3 and 4 of these Regulations.
3. In regulation C2 (Salary on which contributions are payable – election)–
(a)in paragraph (1)(a), after “reduced” insert “before 2nd December 2006”; and
(b)in paragraph (1)(b), after “(“employer A”)” insert “before 2nd December 2006”.
4. In regulation E23 (Commutation: exceptional circumstances of ill-health)–
(a)in paragraph (1) omit “in respect of so much of that pension as exceeds the teacher’s guaranteed minimum”;
(b)at the end of paragraph (1) insert “if such a lump sum would be a serious ill-health lump sum as defined in paragraph 4 of Schedule 29 to the Finance Act 2004(2).”; and
(c)for paragraph (2) substitute–
“(2) The lump sum is an amount equal to five times the annual rate of the retirement pension.”.
5. The Teachers (Compensation for Premature Retirement and Redundancy) (Scotland) Regulations 1996(3) are amended in accordance with regulations 6 and 7.
6. In regulation 16A(1) (Teachers to whom Part IIIA applies) omit “and who is not entitled to payment of retiring allowances under regulation E5(1) of the Superannuation Regulations”.
7. For regulation 16B (Discretion to pay compensation) substitute–
“16B. The employer may pay to a teacher to whom this Part applies compensation which shall not exceed (A−B), where–
A is a sum equivalent of 66 weeks' pay, and
B is the aggregate of–
any redundancy payment to which the teacher is entitled under Part XI of the 1996 Act(4); and
any compensation which is paid to him under Part III of these Regulations (additional compensation for redundancy).”.
8. For regulation 11(1) and (2) of the Teachers' Superannuation (Additional Voluntary Contributions) (Scotland) Regulations 1995(5) (outward transfers) substitute–
“(1) Except as provided in paragraph (2) the Scottish Ministers shall, on application by a person who has ceased to be a contributor by virtue of regulation 8(2)(b), (c) or (d), pay a transfer value representing the value of investments made under regulation 9(1) or 10(2) to any other registered pension scheme in which the person may be participating (provided that the other pension scheme is willing and able to accept such a transfer).
(2) A transfer value shall not be payable under paragraph (1)–
(a)in respect of a person who has ceased to be a contributor by virtue of regulation 8(2)(b), if the person ceased to be a contributor before 29th January 2007 and has not become a contributor again since that date; or
(b)in respect of a person who has ceased to be a contributor by virtue of regulation 8(2)(c) or (d) and who ceased to be in pensionable employment before 30th June 2006, unless that person has applied for a transfer value under regulation G1 of the Superannuation Regulations.”.
GEORGE LYON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
5th December 2006
We consent
KEVIN BRENNAN
DAVE WATTS
Two of the Lords Commissioners of Her Majesty’s Treasury
12th December 2006