The Teachers' Superannuation (Scotland) Amendment Regulations 2007

Amendment of the Teachers' Superannuation (Scotland) Regulations 2005

33.—(1) At the end of the heading to regulation E10 (enhancement of retirement benefits in case of incapacity) insert “where application is received before 1st April 2007”.

(2) In regulation E10–

(a) in paragraph (1)–

(i) after “in pensionable employment” insert “and whose application for payment under regulation E36(1A) is received by the Scottish Ministers before 1st April 2007”; and

(ii) for “E6(1)(c)” where it occurs substitute “E6(5)”;

(b) in paragraph (4)(b) for “E6(1)(e)”, “E6(1)(c)” and “B9” substitute “E6(7)”, “E6(5)” and “B1” or “B2” respectively; and

(c) in paragraph (9) for “regulation C8 or C9” substitute “old regulation C8 or regulation C9”.

(3) After regulation E10 insert the following–

“Total incapacity benefit where application received on or after 1st April 2007

E10A.— (1) This regulation applies to a teacher who has become entitled to payment of retirement benefits by reason of that teacher having become incapacitated and where immediately before he or she became incapacitated–

(a) he or she was in pensionable employment; or

(b) he or she was taking a period of unpaid sick leave, maternity, paternity or adoptive leave ,which, in each case, followed on immediately after a period of pensionable employment; or

(c) he or she was paying additional contributions under old regulation C8 or regulation C9,

and whose application for payment under regulation E36(1A) is received by the Scottish Ministers on or after 1st April 2007 and who satisfies the condition in paragraph (2)(a) and either of the conditions in paragraphs (2)(b) or the condition in (2)(c).

(2) The conditions are–

(a) that (in addition to being incapacitated) the teacher’s ability to carry out any work is impaired by more than 90% and is likely permanently to be so; and

(b) where the teacher falls within paragraph (1)(a) or (1)(c), that the application for payment required by regulation E36(1A) is made within 12 months after the end of the pensionable employment or within 6 months after the last payment of additional contributions under old regulation C8 or regulation C9 as the case may be; or

(c) where the teacher falls within paragraph (1)(b) that the application for payment required by regulation E36(1A) is made–

(i) where the teacher was on unpaid sick leave, before the period of sick leave ends; and

(ii) in any other case before the date on which, under the arrangements made with the teacher’s employer, the leave is due to end.

(3) The teacher becomes entitled (subject to regulation E35(2)) to payment of a total incapacity pension and (where applicable) a total incapacity lump sum calculated in accordance with regulation E7 or (where applicable) E8 but with the amount of effective reckonable service calculated in accordance with paragraph (4).

(4) The effective reckonable service is (X−Y)/2 where–

• X is the amount which would have been the teacher’s reckonable service if he or she had ceased to be in pensionable employment on his or her attaining the normal pension age; and

• Y is the amount specified in paragraph (5).

(5) The amount specified in this paragraph is–

(a) the actual amount of the teacher’s effective reckonable service where–

(i) immediately before the teacher became incapacitated he or she was in excluded employment;

(ii) immediately before the teacher became incapacitated he or she was paying additional contributions under old regulation C8 or regulation C9; or

(iii) immediately before the teacher became incapacitated he or she was in pensionable employment and entitlement to retirement benefits took effect under regulation E6(8) at the same time as he or she ceased to be in pensionable employment; or

(b) the amount which would have been the teacher’s effective reckonable service if he or she had remained in pensionable employment until the date on which entitlement to retirement benefits took effect under regulation E6(8)(b) in any other case.

(6) Where the teacher is a teacher with mixed service, the effective reckonable service specified in paragraph (4) shall be treated as having occurred after the relevant break of service.

(7) The entitlement to payment of a total incapacity pension and (where applicable) lump sum takes effect on the same day as the entitlement to payment of the retirement pension and lump sum.”.