The Teachers’ Superannuation (Scotland) Amendment (No. 2) Regulations 2011

Citation and commencement

1.  These Regulations may be cited as the Teachers’ Superannuation (Scotland) Amendment (No. 2) Regulations 2011 and come into force on 1st April 2011.

Amendment of the Teachers’ Superannuation (Scotland) Regulations 2005

2.  The Teachers’ Superannuation (Scotland) Regulations 2005(1) are amended in accordance with regulations 3 to 6.

Amendment of regulation E6A(12)

3.  In regulation E6A(12) (Eligibility for payment of phased retirement benefits)—

(a) before the words “In calculating the factor by which” insert—

“Where the election under regulation C4B was made before 1st April 2011,”;

(b) after paragraph (12), insert—

“(12A) Where the election under regulation C4B was made on or after 1st April 2011, in calculating the factor by which additional benefits referred to in paragraph (11) are to be multiplied pursuant to regulation E7A(3A) or (4)—

(a) PI is the prices index for the second month before the month in which the change in pensionable employment occurred; and

(b) the definition of X has effect as if for “the date on which the teacher became entitled to payment of retirement benefits” there were substituted “the date of the change in pensionable employment”.

Amendment of regulation E7A

4.  In regulation E7A(2) (Retirement pension when election has been made under regulation C4B)—

(a) for “paragraph (3)” substitute “paragraph (3) or (3A)”;

(b) in paragraph (3), before the words “The increase is (RI/RE)” insert—

“Where the election under regulation C4B was accepted before 1st April 2011,”;

(c) after paragraph (3) insert—

“(3A) Where the election under regulation C4B was accepted on or after 1st April 2011, the increase is PI1/PI2 where—

• PI1 is the prices index for the second month before the month in which the teacher becomes entitled to the part of his or her retirement pension referred to in this regulation; and

• PI2 is the prices index for the month which includes the start date, as defined in paragraph 1 of Schedule 2A for the election in question.”.

Amendment of Schedule 1

5.  In Schedule 1 (glossary of expressions)—

(a) after the definition of “Previous provisions” insert—

““the Prices Index”

Means, as regards any month, the change in the general level of prices for that month used to determine increases to official pensions for the purpose of the 1971 Act”

Amendment of Schedule 2A

6.  In paragraph 18 for sub-paragraphs (a) and (b) substitute—

“(a) where the election is made in the financial year starting on 1st April 2010 and ending on 31st March 2011, £5,500;

(b) where the election is made in any subsequent financial year, A x PI1/PI2 rounded to the nearest £100 where—

• A is the maximum amount of increased retirement pension for the financial year before the financial year in which the election is made (whether determined under this paragraph or under paragraph 19);

• PI1 is the prices index for the month of April in the financial year before the financial year in which the election is made; and

• PI2 is the prices index for the month of April in the second financial year before the financial year in which the election is made.”.

JOHN SWINNEY

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

20th January 2011

We consent

ANGELA WATKINSON

JEREMY WRIGHT

Two of the Lords Commissioners of Her Majesty’s Treasury

27th January 2011