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The Teachers' Superannuation (Consolidation) Regulations 1988

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  1. Introductory Text

  2. PART A PRELIMINARY

    1. A1.Title and commencement

    2. A2.Interpretation

  3. PART B PENSIONABLE EMPLOYMENT

    1. B1.Full-time employment

    2. B2.Part-time employment

    3. B3.Continuing employment

    4. B4.Employment in accepted school

    5. B5.Exclusion from pensionable employment

    6. B6.Election not to be pensionable

    7. B7.Resumption of pensionable status

  4. PART C TEACHERS' CONTRIBUTIONS

    1. C1.Salary on which contributions are payable

    2. C2.Ordinary contributions

    3. C3.Additional contributions for past period

    4. C4.Additional contributions for past period by family pensioner

    5. C5.Additional contributions for past period under earlier provisions

    6. C6.Reduction of past period on account of war service

    7. C7.Additional contributions in respect of war service

    8. C8.Additional contributions for current period

    9. C9.Additional contributions for family benefits

    10. C10.Right to repayment of balance of contributions

    11. C11.Calculation of balance of contributions

    12. C12.Repayment of certain contributions paid for family benefits

    13. C13.Application for repayment

    14. C14.Return of repaid contributions

    15. C15.Uncompleted return by instalments of repaid contributions

    16. C16.Deduction, payment and recovery of contributions

  5. PART D RECKONABLE SERVICE

    1. D1.Reckonable service generally

    2. D2.Exclusion from reckonable service

    3. D3.Past period for which additional contributions have been paid

    4. D4.Current period for which additional contributions have been paid

    5. D5.War service reckonable without receipt of a transfer value

    6. D6.War service reckonable on receipt of additional transfer value

  6. PART E BENEFITS

    1. E1.Overriding provision as to guaranteed minimum pensions

    2. E2.Nature of retirement benefits

    3. E3.Qualification for retirement benefits

    4. E4.Entitlement to payment of retirement benefits

    5. E5.Amount of retirement pension

    6. E6.Amount of retirement lump sum

    7. E7.Limitation of retirement benefits where salary reduced

    8. E8.Enhancement of retirement benefits in case of incapacity

    9. E9.Avoidance of duplicate pensions

    10. E10.National Insurance modification of pensions

    11. E11.Allocation of part of retirement pension

    12. E12.Duration of retirement pension

    13. E13.Pensioner ceasing to be incapacitated

    14. E14.Abatement of retirement pension during further employment

    15. E15.Retirement benefits on cessation of further employment

    16. E16.Short service annuity

    17. E17.Short service incapacity grant

    18. E18.Deferment, etc., of benefits

    19. E19.Death grants

    20. E20.Supplementary death grants

    21. E21.Family benefits generally

    22. E22.Nomination of beneficiaries

    23. E23.Entitlement to short-term family benefits

    24. E24.Amount and duration of short-term family benefits

    25. E25.Entitlement to long-term family benefits

    26. E26.Amounts of spouses' and nominated beneficiaries' long-term pensions

    27. E27.Amounts of children’s long-term pensions

    28. E28.Commencement and duration of long-term family pensions

    29. E29.Average salary

    30. E30.Effective reckonable service

    31. E31.Payment of benefits

    32. E32.Benefits not assignable

  7. PART F TRANSFER VALUES

    1. F1.Payment of transfer values

    2. F2.Payment of additional transfer values in respect of war service

    3. F3.Amounts of transfer values and additional transfer values

    4. F4.Termination of right to count reckonable service

    5. F5.Receipt of transfer values

  8. PART G FINANCE

    1. G1.Teachers' superannuation account

    2. G2.Receipts, etc., to be credited

    3. G3.Payments to be debited

    4. G4.Actuarial inquiries

    5. G5.Employers' contributions

    6. G6.Payment by employers to Secretary of State

  9. PART H MISCELLANEOUS AND SUPPLEMENTAL

    1. H1.Modified application in case of employment at reduced salary

    2. H2.Modified application in certain other cases

    3. H3.Records and information

    4. H4.Payments in respect of deceased persons

    5. H5.Revaluation of guaranteed minimum in certain cases

    6. H6.Extension of time

    7. H7.Determination of questions

    8. H8.Revocations, savings and transitional provisions

    1. SCHEDULE 1

      GLOSSARY OF EXPRESSIONS

    2. SCHEDULE 2

      PENSIONABLE EMPLOYMENT

      1. PART I EMPLOYMENTS PENSIONABLE WITHOUT ELECTION

        1. 1.Teacher employed by, or in a school or establishment of...

        2. 2.Teacher in a special school not maintained by a local...

        3. 3.Teacher in a school, other than a special school, in...

        4. 4.Teacher, organiser or supervisor employed— (a) in an independent school...

        5. 5.Teacher in an establishment providing further education in respect of...

        6. 6.Teacher employed in— (a) a community home within the meaning...

        7. 7.Teacher employed by a local authority or a voluntary organisation...

        8. 8.Teacher in— (a) a residential care home within the meaning...

        9. 9.Teacher in a special hospital provided by the Secretary of...

        10. 10.Teacher employed for the purpose of instructing, training, or superintending...

        11. 11.Teacher employed by the Field Studies Council.

        12. 12.Teacher employed in pursuance of arrangements made by the Secretary...

        13. 13.Organiser employed as a youth and community worker by a...

      2. PART II EMPLOYMENTS PENSIONABLE ON ELECTION

        1. 14.Teacher in an institution for the further education and training...

        2. 15.Teacher employed in or in connection with an establishment for...

        3. 16.Teacher employed by the Royal National Institute for the Blind...

        4. 17.Teacher employed by the Spastics Society in its Staff Training...

        5. 18.Teacher employed by the Commonwealth Institute.

        6. 19.Teacher employed by a person to whom grants are made...

        7. 20.Organiser employed by— (a) the Sports Council, or

        8. 21.Teacher, supervisor or youth worker employed by the Ministry of...

        9. 22.Services education officer.

        10. 23.Organiser employed as a youth and community worker by a...

        11. 24.Organiser employed by— the City and Guilds of London Institute,...

        12. 25.Teacher in a university who— (a) was employed as a...

    3. SCHEDULE 3

      MAXIMUM LENGTH OF ADDITIONAL PERIODS

      1. 1.(1) Subject to paragraph 2, the maximum length of the...

      2. 2.(1) This paragraph applies to a person who—

      3. 3.(1) This paragraph applies where a person—

    4. SCHEDULE 4

      ADDITIONAL CONTRIBUTIONS FOR PAST PERIOD

      1. PART 1 METHOD A

        1. 1.(1) In this Part (and throughout this Schedule) “the principal...

        2. 2.(1) The contribution period must be one of not less...

        3. 3.Subject to paragraphs 4 and 5, the rate at which...

        4. 4.(1) At any time during the contribution period the person...

        5. 5.(1) Subject to sub-paragraphs (2) to (5), if the person—...

        6. 6.Where paragraph 5 has become applicable and the person is...

        7. 7.Any retirement lump sum to which the person is entitled...

        8. 8.(1) This paragraph applies— (a) where paragraph 5 has become...

      2. PART II METHOD B

        1. 9.(1) Subject to paragraphs 10 to 12, the additional contributions...

        2. 10.(1) Subject to paragraphs 11 and 12 and paragraph 16(3)...

        3. 11.Where notice of the election was given on or after...

        4. 12.Where notice of the election was given when the person...

      3. PART III METHOD C

        1. 13.(1) The contribution period begins on the commencement date, that...

        2. 14.(1) Subject to paragraph 15, the amount of the additional...

        3. 15.(1) Subject to sub-paragraphs (2) and (3) (and having regard...

      4. PART IV METHOD D

        1. 16.(1) Where the person has not attained the age of...

    5. SCHEDULE 5

      ADDITIONAL CONTRIBUTIONS FOR PAST PERIOD UNDER EARLIER PROVISIONS

      1. PART I

        1. 1.(1) Subject to sub-paragraphs (2) to (5) and paragraphs 2...

        2. 2.Where an election has been made under paragraph 1 the...

        3. 3.If before all the contributions payable under paragraph 1 or...

        4. 4.(1) Subject to sub-paragraph (2) and paragraph 5, where immediately...

        5. 5.(1) If before the end of the contribution period the...

      2. PART II

        1. 6.(1) Subject to sub-paragraph (2), where immediately before 1st November...

    6. SCHEDULE 6

      FAMILY BENEFITS

      1. PART I CONTRIBUTIONS: MEN AND UNMARRIED WOMEN

        1. 1.(1) In this Part— “the Fund” means the Teachers' Family...

        2. 2.Paragraphs 3 and 4 have effect subject to paragraph 5....

        3. 3.(1) Subject to sub-paragraph (3), a member who elected to...

        4. 4.A non-member or an unmarried woman may elect to pay...

        5. 5.(1) A man who has become entitled to payment of...

        6. 6.(1) Where a person has made an election under paragraph...

        7. 7.(1) This paragraph applies where a member who elected to...

        8. 8.(1) Subject to sub-paragraphs (2) and (3), a member or...

        9. 9.(1) This paragraph applies where— (a) a member or non-member...

      2. PART II CONTRIBUTIONS: MARRIED WOMEN

        1. 10.(1) Subject to sub-paragraph (3) and paragraph 11, a woman...

        2. 11.(1) An election under paragraph 10(1) or (2)—

        3. 12.(1) Subject to sub-paragraph (2), where payment is to be...

        4. 13.(1) The widower of a woman who—

      3. PART III CONTRIBUTIONS: COMMON PROVISIONS

        1. 14.(1) This paragraph applies where— (a) an election is made...

        2. 15.(1) This paragraph— (a) applies where family benefit contributions to...

        3. 16.Where— (a) a deduction has fallen to be made under...

      4. PART IV FAMILY BENEFITS AND WAR SERVICE

        1. 17.(1) In this Part “war service period” means a period...

        2. 18.(1) Subject to paragraph 21, a person who was notified...

        3. 19.Subject to paragraph 21, a person who was notified after...

        4. 20.(1) If an election is made under paragraph 18 or...

        5. 21.(1) If the person— (a) died before 15th February 1982,...

    7. SCHEDULE 7

      UNCOMPLETED PAYMENT OF ADDITIONAL CONTRIBUTIONS

      1. 1.(1) This paragraph applies where a person paying additional contributions...

      2. 2.(1) This paragraph applies where a lump sum equal to...

      3. 3.(1) This paragraph applies where a person paying additional contributions...

      4. 4.(1) This paragraph applies where a person is continuing to...

      5. 5.(1) This paragraph applies where a person who is, in...

    8. SCHEDULE 8

      WAR SERVICE

      1. PART I QUALIFYING SERVICE

      2. PART II AGE FACTOR

    9. SCHEDULE 9

      PERIODS MAKING UP QUALIFYING PERIOD

      1. PART I

        1. 1.A period of pensionable employment.

        2. 2.A period counting as reckonable service by virtue of regulation...

        3. 3.A period counting as admitted service or specified country service....

        4. 4.A period of service or employment in respect of which...

      2. PART II

        1. 5.A period of employment in the British Islands in a...

        2. 6.A period of employment as an inspector appointed under section...

        3. 7.A period of employment as a civil servant, if paragraph...

        4. 8.A period of pensionable employment in an educational capacity by...

        5. 9.A period of service as a member of the House...

        6. 10.A period of employment as a civil servant in England,...

        7. 11.A period of pensionable employment as a civil servant in...

        8. 12.A period of employment which was contributory service for the...

        9. 13.A period of employment as a full-time teacher, or in...

        10. 14.A period of pensionable employment in a university, a university...

        11. 15.A period of employment in the Republic of South Africa...

        12. 16.A period of employment as a full-time teacher while holding...

        13. 17.A period of employment in respect of which contributions were...

        14. 18.A period of employment in respect of which contributions were...

        15. 19.A period of employment by the British Council in respect...

        16. 20.A period of employment as an officer of an employing...

        17. 21.A period of employment in respect of which contributions were...

        18. 22.A period of employment to which rules made under section...

        19. 23.A period of pensionable employment by an association of teachers....

        20. 24.A period of pensionable service as a clerk in holy...

    10. SCHEDULE 10

      MODIFIED APPLICATION IN CERTAIN CASES

      1. PART I NATIONAL INSURANCE MODIFICATION OF PENSIONS

        1. 1.In this Part, unless the context otherwise requires— “the Act”...

        2. 2.(1) A retirement pension payable in the case of a...

        3. 3.(1) This paragraph applies to a retired teacher who—

        4. 4.For the purposes of paragraphs 2 and 3 the reckonable...

        5. 5.If, in calculating the amount of a retirement pension, there...

        6. 6.If, in calculating the amount of a retirement pension, there...

        7. 7.Where— (a) a period of employment of a retired teacher...

        8. 8.No reduction in the amount of a retirement pension is...

        9. 9.A retirement pension payable to a part-time teacher, so far...

        10. 10.(1) An annual pension in respect of any such service...

        11. 11.A part-time teacher to whom paragraph 10 applies is entitled...

        12. 12.(1) Any person who was employed in non-participating employment and...

        13. APPENDIX

      2. PART II EMPLOYMENT AT REDUCED SALARY

        1. 13.Subject to paragraphs 14 to 19, these Regulations apply as...

        2. 14.For the purposes of regulation E3 (qualification for retirement benefits),...

        3. 15.(1) For the purposes of regulation E30(2) (limits on reckonable...

        4. 16.(1) A period for which the person has, before the...

        5. 17.(1) This paragraph applies if the person becomes entitled to...

        6. 18.(1) For the purpose of calculating any death grant under...

        7. 19.Regulation E25(10) does not have effect so as to preclude...

      3. PART III POLICY SCHEMES

        1. 20.In this Part “policy scheme service” has the meaning that...

        2. 21.For the purposes of regulation C3(1) (case in which additional...

        3. 22.For the purposes of regulation E3 (qualification for retirement benefits),...

        4. 23.For the purposes of regulation E6 (amount of retirement lump...

        5. 24.Only 9/10ths of his policy scheme service is effective reckonable...

        6. 25.(1) For the purposes of paragraphs 1 and 2 of...

        7. 26.(1) For the purposes of paragraph 2 (National Insurance modifications),...

      4. PART IV ADMITTED SERVICE

        1. 27.(1) In the case of a person with admitted service...

        2. 28.(1) Subject to sub-paragraphs (2) to (5) and paragraph 30,...

        3. 29.(1) The rate of the annual pension is— ( A...

        4. 30.Regulations E18 (deferment, etc.), E31 (application for payment, etc.) and...

      5. PART V SPECIFIED COUNTRY SERVICE

        1. 31.Regulations E4 (entitlement to payment of retirement benefits), E6 (amount...

        2. 32.Subject to paragraph 33— (a) for the purpose of calculating...

        3. 33.For the purposes of regulation E8 (enhancement of retirement benefits...

      6. PART VI SERVICE BEFORE 1ST APRIL 1945

        1. 34.(1) The persons to whom this Part applies are persons...

        2. 35.(1) If a person to whom this Part applies—

    11. SCHEDULE 11

      ALLOCATION OF PART OF RETIREMENT PENSION

      1. PART I CONTENTS OF DECLARATION

        1. 1.(1) A declaration is to specify— (a) the part of...

      2. PART II PROCEDURE

        1. 2.(1) A person who, with a view to making an...

        2. 3.(1) Before delivering a declaration a person must have given...

        3. 4.(1) Before delivering a declaration a person must also, at...

        4. 5.(1) On receiving a notice under paragraph 3 the Secretary...

        5. 6.A declaration, and any notice or other communication under this...

      3. PART III OTHER MATTERS

        1. 7.(1) Subject to sub-paragraphs (2) to (6), a declaration takes...

        2. 8.(1) An allocation takes effect on the day on which...

        3. 9.(1) If notice of intention has been given under paragraph...

        4. 10.(1) If after a retiring employee has delivered a declaration...

        5. 11.If after a person has delivered a declaration the rate...

    12. SCHEDULE 12

      TRANSFER VALUES

      1. PART I OUTWARD TRANSFERS

        1. 1.A transfer value is calculated on the cash equivalent basis...

        2. 2.Where— (a) a transfer value is payable to the scheme...

        3. 3.Where— (a) a transfer value is payable to the scheme...

        4. 4.Where— (a) a transfer value is payable to the scheme...

        5. 5.Where— (a) a transfer value is payable to the scheme...

        6. 6.(1) This paragraph applies where— (a) a transfer value falls...

        7. 7.Where a transfer value is paid to the scheme managers...

      2. PART II ADDITIONAL TRANSFER VALUES IN RESPECT OF WAR SERVICE

        1. 8.The additional transfer value payable in respect of a person...

        2. 9.(1) The pensionable emoluments of a person who on 1st...

      3. PART III INWARD TRANSFERS

        1. 10.If the employment in which the person was subject to...

        2. 11.(1) If— (a) the previous scheme is a club scheme...

        3. 12.If— (a) the previous scheme is an approved superannuation scheme...

    13. SCHEDULE 13

      TEACHERS' SUPERANNUATION ACCOUNT

      1. PART I TRANSITIONAL

        1. 1.The account that was required by regulation 85 of the...

        2. 2.(1) References in regulations G1 to G3 and in this...

        3. 3.(1) For the purposes of Part G—

      2. PART II

      3. PART III NOTIONAL INTEREST

        1. 5.(1) Subject to sub-paragraph (2) and paragraph 7(3), the notional...

        2. 6.(1) In this paragraph “invested” means invested in one or...

        3. 7.(1) Any security which is the subject of a notional...

    14. SCHEDULE 14

      REVOCATIONS, SAVINGS AND TRANSITIONAL PROVISIONS

      1. PART I REVOCATIONS

      2. PART II SAVINGS

        1. 1.The revocation by these Regulations of a transitional provision relating...

        2. 2.(1) The revocation by these Regulations of a provision previously...

        3. 3.Any document made, served or issued after 31st October 1988...

      3. PART III TRANSITIONAL PROVISIONS

        1. 1.(1) The re-enactment of provisions in these Regulations, and the...

        2. 2.(1) Where— (a) a provision of these Regulations (“the new...

        3. 3.Where a period of time specified in a provision of...

  10. Explanatory Note

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