The Teachers' Superannuation (Scotland) Amendment Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Teachers' Superannuation (Scotland) Regulations 1992 (S.I. 1992/280) (“the 1992 Regulations”).

Regulation 3 adds a new paragraph to regulation E5 of the 1992 Regulations to enable staff aged 50 or over with reckonable service amounting in aggregate to 2 or more but less than 5 years who are eligible to receive payment of compensation in terms of the Local Government (Education Administration) (Compensation for Redundancy or Premature Retirement on Reorganisation) (Scotland) Regulations 1995 (“the 1995 Regulations”) (S.I. 1995/840) to waive their right to immediate payment of an annual retirement pension and a retirement lump sum in terms of regulation E5(1)(f) of the 1992 Regulations. A waiver of this right is required if such employees are to receive compensation under the 1995 Regulations. A waiver of this right will not affect the employee’s right to benefit under any other provision in regulation E5.

Regulation 4 amends the definition of full-time service in Schedule 1 to the 1992 Regulations so that such service need not be regular. The Regulation also inserts into the same Schedule a new definition of part-time service, so that such service no longer requires to be regular nor to subsist for at least 6 consecutive weeks. The effect of the whole Regulation is to extend eligibility for the Scottish Teachers' Superannuation Scheme.

These Regulations have retrospective effect. Retrospection is authorised by section 12(1) of the Superannuation Act 1972.