The Teachers' Superannuation (Scotland) Regulations 1993

PART II PROCEDURE

2.—(1) A teacher who, with a view to making an allocation, gives the Secretary of State at least 4 months' notice of his intended retirement is referred to in this Schedule as a “retiring employee”.

(2) For the purposes of this Schedule a teacher’s relevant birthday shall be–

(a) where retiring allowances become payable by virtue of regulation E5(1)(f) (redundancy, etc.), his 50th; and

(b) in any other case, his 60th.

3.—(1) Before delivering a declaration, a teacher shall give the Secretary of State written notice of his intention to make an allocation.

(2) The notice shall be given–

(a) in the case of a retiring employee, no later than his application for payment of retiring allowances; and

(b) in any other case, no earlier than 4 months before the later of -

(i) the date on which the person becomes qualified for retiring allowances; and

(ii) his relevant birthday.

4.—(1) Before delivering a declaration, a teacher shall, at his own expense–

(a) satisfy the Secretary of State as to his health; and

(b) provide the Secretary of State with such information about the person for whose benefit the allocation is to be made, and verify it in such manner, as the Secretary of State may reasonably require.

(2) In order to satisfy the Secretary of State as to his health, the teacher shall submit himself for examination by a medical practitioner nominated by the Secretary of State; he may if he wishes be examined by a second medical practitioner so nominated if the Secretary of State is not satisfied as a result of the first examination.

5.—(1) On receiving a notice under paragraph 3, the Secretary of State shall notify the teacher in writing of–

(a) the amount or estimated amount of his retirement pension;

(b) the name and address of the nominated medical practitioner; and

(c) the time within which any declaration is to be delivered.

(2) A declaration shall be delivered–

(a) if the person is resident outside the United Kingdom, within 4 months; and

(b) in any other case, within 3 months,

• after receipt of the Secretary of State’s notification under sub-paragraph (1).

(3) If he is satisfied as to the teacher’s health, and with the information provided in accordance with paragraph 4(1)(b), the Secretary of State shall send him a suitable form on which to make the declaration.

(4) On the delivery to him of a declaration, the Secretary of State shall provide the teacher making it with written particulars of the alternative benefit.

6.  A declaration, and any notice or other communication under this Part, may be sent by post.