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8. For regulation 11(1) and (2) of the Teachers' Superannuation (Additional Voluntary Contributions) (Scotland) Regulations 1995(1) (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.”.
S.I. 1995/2814; the relevant amending instrument is S.S.I. 2006/308.
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