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The Teachers’ Superannuation and Pension Scheme (Additional Voluntary Contributions) (Scotland) Regulations 2017

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2.—(1) In these Regulations, unless the context otherwise requires—

“the 1999 Act” means the Welfare Reform and Pensions Act 1999(1);

“the 2004 Act” means the Finance Act 2004(2);

“the 1992 Regulations” means the Teachers’ Superannuation (Scotland) Regulations 1992(3);

“the 1995 Regulations” means the Teachers’ Superannuation (Additional Voluntary Contributions) (Scotland) Regulations 1995(4);

“the 2005 Regulations” means the Teachers’ Superannuation (Scotland) Regulations 2005(5);

“the 2014 Regulations” means the Teachers’ Pension Scheme (Scotland) (No. 2) Regulations 2014(6);

“authorised provider” has the meaning assigned to it by section 1 of the Superannuation Act 1972;

AVC policy age” means—

(a)

except in the circumstances mentioned in sub-paragraphs (b), (c), (d) or (e), a person (P)’s normal pension age on the date P makes an election under regulation 4;

(b)

if a transfer is made under regulation 10, a person (P)’s normal pension age at the date that written notice from P under regulation 10(1) is received by the Scottish Ministers;

(c)

in respect of a pension credit member, the pension debit member’s normal pension age on the date that an election under regulation 4 is made by the pension debit member or notice from the pension debit member under regulation 10(1) is received by the Scottish Ministers;

(d)

if a contributor or participator (P) realises all of the funds invested on P’s behalf under regulations 9(1) and 10(2) and makes a subsequent election under regulation 4, P’s normal pension age at the date of the subsequent election;

(e)

if a person (P) is in pensionable service under the 2005 Regulations at the time of making an election under regulation 4, and has more than one normal pension age under regulation EA1(10) of those Regulations, P’s normal pension age in relation to P’s pensionable service on the date P makes the election;

“the AVC Scheme” means the occupational pension scheme (within the meaning of section 1(1) of the Pension Schemes Act 1993(7)) established under section 9 of the Superannuation Act 1972 and these Regulations;

“civil partner” is to be construed in accordance with section 1 of the Civil Partnership Act 2004(8);

“contributor” is to be construed in accordance with regulation 7;

“dependant”, in relation to either a participator or a contributor, means—

(a)

any surviving spouse or surviving civil partner;

(b)

any person who is a teacher’s child in accordance with regulation E26 of the 2005 Regulations or an eligible child in accordance with regulation 134 of the 2014 Regulations;

(c)

any person in respect of whom at the time of death of the participator or contributor a nomination under regulation E26A or E27 of the 2005 Regulations or regulation 132 or 133 of the 2014 Regulations has effect;

(d)

any surviving adult as defined in regulation 131 of the 2014 Regulations;

“the Index” means the index of retail prices published by the Office for National Statistics;

“insurance company” means—

(a)

a person who has permission under Part 4A of the Financial Services and Markets Act 2000(9) to effect or carry out contracts of long-term insurance; or

(b)

an EEA firm of the kind mentioned in paragraph 5(d) of schedule 3 of that Act, which has permission under paragraph 15 of that schedule (as a result of qualifying for authorisation under paragraph 12(1) of that schedule) to effect or carry out contracts of long-term insurance;

“Investment Linked Pension” means a pension which is linked to the performance of investments after it becomes payable and which is payable from the proceeds of an annuity policy authorised by the Scottish Ministers for the purposes of these Regulations and managed by an insurance company selected by them;

“lump sum death benefit” means a lump sum which will become payable in the event of a person dying while paying regular contributions to provide for it;

“normal pension age” in the case of a person who, at the time of making an election under regulation 4, is in pensionable service under the 2005 Regulations is to be construed in accordance with the 2005 Regulations, and in the case of a person who, at the time of making an election under regulation 4, is in pensionable service under the 2014 Regulations is to be construed in accordance with the 2014 Regulations;

“participator” means—

(a)

a contributor who has made a benefits election under regulation 12(6) in respect of all investments made under regulations 9(1) and 10(2) and has not made a further election under regulation 4 in respect of further pensionable service;

(b)

a person who has ceased to be a contributor, not being a person in respect of whom the Scottish Ministers have paid a transfer value under regulation 11; or

(c)

a person in respect of whom a transfer value has been accepted under regulation 10 and who is not otherwise a contributor;

“pension commencement lump sum” is to be construed in accordance with Part 1 of schedule 29 of the 2004 Act;

“pension credit” means a credit under section 29(1)(b) of the 1999 Act or under corresponding Northern Ireland legislation;

“pension credit benefits” means, in relation to the AVC Scheme, the benefits payable under that Scheme which are attributable (directly or indirectly) to a pension credit;

“pension credit member” means a person who has rights under the AVC Scheme which are attributable (directly or indirectly) to a pension credit either solely or wholly separately from any other rights under the AVC Scheme;

“pension debit” means a debit under section 29(1)(a) of the 1999 Act or under corresponding Northern Ireland legislation;

“pension debit member” means a person who has rights under the AVC Scheme and whose shareable rights under that Scheme are subject to a pension debit;

“pension element” has the meaning given by regulation 5(2);

“pension sharing order” means a pension sharing order or other provision referred to in section 28(1) of the 1999 Act or article 25(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999(10);

“pensionable service” is to be construed in accordance with section 37 of the Public Service Pensions Act 2013(11);

“person” means a person in eligible employment as a teacher in accordance with schedules 1 and 2 of the 2005 Regulations and schedule 1 of the 2014 Regulations;

“qualifying recognised overseas pension scheme” is to be construed in accordance with section 169 of the 2004 Act;

“registered pension scheme” has the same meaning as in 150(2) of the 2004 Act;

“regular contributions” means contributions, paid pursuant to an election under regulation 4(1)(a) or (c);

“retirement pension” has the meaning given by regulation 12(3);

“salary” means—

(a)

where a person is in pensionable service under the 2005 Regulations at the time the contribution is paid, the salary calculated in accordance with regulation C1 of the 1992 Regulations and regulation C1 of the 2005 Regulations;

(b)

where a person is in pensionable service under the 2005 Regulations at the time the contribution is paid, in relation to contributions payable under regulation C9 of the 2005 Regulations, the salary determined in accordance with the provisions of those Regulations for the purposes of calculating those contributions;

(c)

where a person is in pensionable service under the 2014 Regulations at the time the contribution is paid, in relation to pensionable earnings under Chapter 4 of Part 3 of the 2014 Regulations, the earnings determined in accordance with the provisions of that Chapter;

“shareable rights” means any right a person has under the AVC Scheme except those rights referred to in regulation 2 of the Pension Sharing (Valuation) Regulations 2000(12);

“tax year” means the 12 months beginning with 6th April in any year;

“uncrystallised fund pension lump sum” is to be construed in accordance with section 166 of the 2004 Act.

(2) The definition of “insurance company” in paragraph (1) must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)schedule 2 of that Act.

(3) For the purposes of these Regulations the annual equivalent of any lump sum is that lump sum divided by 12.

(7)

1993 c.48; section 1 was relevantly amended by section 239 of the Pensions Act 2004 (c.35), and regulation 2, schedule, paragraph 1 of the Occupational Pension Schemes (EEA States) Regulations 2007 (S.I. 2007/3014).

(11)

2013 c.25.

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