The Teachers' Pensions Regulations 1997

Regulation A2(1)

SCHEDULE 1 GLOSSARY OF EXPRESSIONS

Expression	Meaning
“Act”	Any reference to an Act of a specified year (other than the 1991 Act, the 1993 Act, the 1995 Act or the 1996 Act or references in paragraphs 11 or 12 of Schedule 2) is a reference to an Act relating to the superannuation of teachers enacted in that year.
“The 1991 Act”	The School Teachers' Pay and Conditions Act 1991(1).
“The 1993 Act”	The Pension Schemes Act 1993(2).
“The 1995 Act”	The Pensions Act 1995(3).
“The 1996 Act”	The Education Act 1996(4).
“The Taxes Act”	The Income and Corporation Taxes Act 1988(5).
“The Modification Regulations”	The National Insurance (Modification of Teachers Pensions) Regulations 1948(6).
“The 1966 Regulations”	The Teachers' Superannuation (Family Benefits) Regulations 1966(7).
“The 1967 Regulations”	The Teachers' Superannuation Regulations 1967(8).
“The 1970 Regulations”	The Teachers' Superannuation (Family Benefits) Regulations 1970(9).
“The 1976 Regulations”	The Teachers' Superannuation Regulations 1976(10).
“The 1988 Regulations”	The Teachers' Superannuation (Consolidation) Regulations 1988(11).
“Accepted school”	Construe in accordance with regulation B3.
“Actuarial”	Determined by, or in accordance with tables prepared by, the Government Actuary.
“Actuarial reduction”	In relation to a retirement pension or retirement lump sum, the process of multiplying a retirement pension or retirement lump sum by the appropriate factor as required by regulation E5(3) or E6(3).
“Additional contributions”, “additional period”	In relation to family benefits, the expressions are to be construed in accordance with paragraph 1(3) of Schedule 6.
“Admitted service”	Service to which, immediately before 1st May 1975, Part VIII of the 1967 Regulations applied.
“Appropriate factor”	The percentage being— (a) in relation to a retirement pension and to the retirement benefits referred to in regulations E21 and E25, the factor set out in Table 1 in Schedule 9 or, in the case of a person referred to in paragraph 37 in Part VI of Schedule 10 (certain nurses, physiotherapists, midwives, health visitors and mental health officers), set out in Table 3 in Schedule 9, and (b) in relation to a retirement lump sum, the factor set out in Table 2 in Schedule 9 or, in the case of a person referred to in paragraph 37 in Part VI of Schedule 10 (certain nurses, physiotherapists, midwives, health visitors and mental health officers), set out in Table 4 in Schedule 9, corresponding to the age of that person in complete years and months when he became entitled to payment of a retirement pension and retirement lump sum.
“Approved pension scheme”	An occupational pension scheme which— (a) is approved under Chapter I of Part XIV of the Taxes Act and does not fall within section 591(2)(h) of that Act, or (b) immediately before 1st November 1988 was an approved superannuation scheme for the purposes of Part IV of the 1976 Regulations, or (c) is a relevant statutory scheme defined by section 611A of the Taxes Act(12).
“Average salary”	Construe in accordance with regulation E31.
“Cash equivalent”, “part cash equivalent”	The first expression means a cash equivalent mentioned in section 94(1) of the 1993 Act; the second expression means the cash equivalent of any part of the benefits mentioned in that subsection which is prescribed under section 98(1) of that Act (continuation in employment after termination of pensionable service).
“Child”	Construe in accordance with regulation E22 (as read with paragraph 14 of Schedule 15).
“Club scheme”	An approved superannuation scheme which— (a) is a contracted-out scheme or is a scheme established and maintained in the Channel Islands which is not a contracted-out scheme, (b) is a final salary scheme, (c) is a scheme which is open to new participants (“open scheme”) or, if not a scheme so open (“closed scheme”), is a scheme whose trustees or managers also provide an open scheme which is a scheme for new employees of the same employer and of the same grade or level of post as participants of the closed scheme, and (d) is a scheme whose trustees or managers have undertaken to comply with the reciprocal arrangements for the payment and receipt of transfer values agreed from time to time between the trustees or managers of such a scheme.
“Comparable British service”	Service which is or was at any time pensionable under a superannuation scheme for teachers in public employment in any part of the British Islands outside England and Wales.
“Contracted-out employment”, “contracted-out scheme”	Construe in accordance with sections 8(1) and 7(3) respectively of the 1993 Act.
“Contributable salary”	Construe in accordance with regulation C1.
“Contributions equivalent premium”	A premium under section 55(2) of the 1993 Act.
“Contributions refund period”	A period in respect of which contributions have been or are to be paid and— (a) have not been, or fallen to be treated as having been, returned, or (b) have been returned but have since been repaid.
“Credited service”	The meaning given in paragraph 1(6) of Schedule 6.
“Effective reckonable service”	Construe in accordance with regulation E32.
“Employment”	Employment under a contract of service.
“Entitled”	Any reference to a person entitled to payment of retirement benefits is to be construed as including a reference to a person who has not applied for payment of them.
“Equivalent pension benefits”	The meaning given by section 57(1) of the National Insurance Act 1965(13).
“Excluded employment”	Employment which would be pensionable employment but for the fact that a person— (a) Has made an election under regulation B5, or (b) being in part-time employment has not made an election under regulation B1(4).
“Family benefits”	Benefits payable under regulations E22 to E30.
“Family benefit service”	Construe in accordance with regulation E28.
“Final salary scheme”	A scheme which provides for the calculation of retirement benefits based on— (a) a person’s remuneration for any one of the 5 years preceding his retirement date, or (b) the annual average of a person’s aggregate remuneration for any period of 3 or more consecutive years ending not earlier than 10 years before his retirement date.
“Full-time”	Employment is “full-time” if the contract so describes it (whether expressly or otherwise) and entitles the employee to remuneration at an annual, termly or monthly rate.
“Further education”	The meaning given in section 2(3) of the 1996 Act.
“Grant-maintained special school”	The meaning given in section 337(4) or 346(3) of the 1996 Act.
“Guaranteed minimum”	A guaranteed minimum under section 14 of the 1993 Act.
“Guaranteed minimum pension”	The meaning given in section 8(2) of the 1993 Act.
“Higher education”	The meaning given in section 120(1) of the Education Reform Act 1988(14).
“Incapacitated”	A person is incapacitated— (a) in the case of a teacher, an organiser or a supervisor, while he is unfit by reason of illness or injury and despite appropriate medical treatment to serve as such and is likely permanently to be so, (b) in any other case, while he is incapable by reason of infirmity of body or mind of earning his livelihood and is not maintained out of money provided by Parliament or raised by rates, or council tax levied by local authorities.
“Independent school”	The meaning given in section 463 of the 1996 Act.
“Member”	The meaning given in paragraph 1(1) of Schedule 6.
“Normal contributions”, “normal service”	Construe in accordance with paragraph 1(2) of Schedule 6.
“Occupational pension scheme”	The meaning given in section 1 of the 1993 Act.
“Organiser”	A person in employment which involves the performance of duties in connection with the provision of education or services ancillary to education.
“Part-time”	Employment is “part-time” if the contract requires the employee to work for less than the whole of the working week.
“Payment in lieu of contributions”	A payment in lieu of contributions under Part III of the National Insurance Act 1965.
“Pensionable employment”	In relation to any time before 1st November 1988, the expression means employment in reckonable service for the purposes of the 1976 Regulations or previous provisions. In relation to any time after 31st October 1988, the expression is to be construed in accordance with Part B.
“Personal pension scheme”	A personal pension scheme (within the meaning of section 1 of the 1993 Act) which has been approved by the Commissioners of Inland Revenue under Chapter IV of Part XIV of the Taxes Act or provisionally approved under section 655(5) of that Act.
“Previous provisions”	Provisions contained in or made under an enactment relating to the superannuation of teachers which were in force at any time before 1st January 1977.
“Qualified for retirement benefits”	Construe in accordance with regulation E3.
“Reckonable service”	Construe in accordance with regulation D1.
“Required percentage”	Construe in accordance with regulation G5.
“Retirement benefits”	Construe in accordance with regulation E2.
“Retirement lump sum”	A retirement lump sum payable under Part E.
“Retirement pension”	A retirement pension payable under Part E.
“Scheme managers”	In relation to a statutory scheme, the expression means the Minister of the Crown or local authority or police or fire authority administering the scheme; in relation to any other scheme, it means the person responsible for the management of the scheme.
“Services education officer”	An officer, other than one whose service as an officer qualifies him for retired pay, serving in the armed forces of the Crown as a teacher or supervisor and holding— (a) a short-service commission in the Royal Navy, the regular Army, the Women’s Royal Naval Service or the Women’s Royal Army Corps, or (b) a short or medium-service commission in the education branch or physical fitness branch of the Royal Air Force, or (c) as an officer serving in either of those branches, a short-service commission in the Women’s Royal Air Force.
“Special school”	The meaning given in section 337 of the 1996 Act.
“Specified country service”	The expression includes— (a) service before 25th March 1972 which was, for the purposes of Part IX of the 1967 Regulations, service in a specified country as a services civilian teacher, (b) service after 24th March 1972 and before 1st January 1977 which, if section 25 of the Superannuation Act 1965(15) had continued in force, would have been such service as is mentioned in (a) above, and (c) service after 31st December 1976 and before 1st January 1980 in continuation of such service as is mentioned in (b) above.
“State pensionable age”	Pensionable age within the meaning given by the rules in paragraph 1 of Schedule 4 to the 1995 Act.
“Supervisor”	A person employed in a capacity connected with education which to a substantial extent involves the control or supervision of teachers.
“Tax year”	The 12 months beginning with 6th April in any year.
“Teacher’s pension”	An annual allowance which became payable under the 1976 Regulations or previous provisions or a retirement pension.
“Terminal sum”	The expression includes a retirement lump sum, a short-service incapacity grant, a refund of contributions and any sum payable on death.

(1)

1991 c. 49.

(2)

1993 c. 48.

(3)

1995 c. 26.

(4)

1996 c. 56.

(5)

1988 c. 1.

(6)

S.I. 1948/489 revoked by S.I. 1967/889.

(7)

S.I. 1966/357 revoked by S.I. 1970/862.

(8)

S.I. 1967/489 revoked by S.I. 1976/1987.

(9)

S.I. 1970/862 revoked by S.I. 1976/1987.

(10)

S.I. 1976/1987 revoked by S.I. 1988/1652.

(11)

S.I. 1988/1652 amended by the other instruments listed in Schedule 14 to these Regulations.

(12)

Section 611A was inserted into the Taxes Act by the Finance Act 1989 (c. 26), Schedule 6, paragraph 15.

(13)

1965 c. 51: relevant provisions were continued in force by S.I. 1974/2057.

(14)

1988 c. 40.

(15)

1965 c. 74; section 25 was repealed by the Superannuation Act 1972 (c. 11), section 29(4).