The Teachers’ Superannuation (Amendment) Regulations 1997

New definitions

18.—(1) In Schedule 1 (glossary of expressions)—

(a) after the entry relating to the expression “Admitted service” there shall be inserted the following entry—

““The Appropriate factor”

The factor being— (a) in relation to a retirement pension and to the retirement benefits referred to in regulations E20 and E24, the factor set out in Table I in Schedule 9A or, in the case of a person to whom paragraph 40 of Part VII of Schedule 10 applies (certain nurses, physiotherapists, midwives, health visitors and mental health officers), set out in Table III in that Schedule, and (b) in relation to a retirement lump sum, the factor set out in Table II in Schedule 9A or, in the case of a person to whom paragraph 40 of Part VII of Schedule 10 applies (certain nurses, physiotherapists, midwives, health visitors and mental health officers), set out in Table IV in that Schedule, corresponding to the age of that person in complete years and months when he became entitled to payment of that retirement pension and retirement lump sum.”; and

(b) for paragraph (a) of the definition of “incapacitated” there shall be substituted the following—

“(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, and”.

(c) after the entry relating to the expression “Member” there shall be inserted the following entry—

““The Amending Regulations”

The Teachers’ Superannuation (Amendment) Regulations 1997.”.

(2) The amendment to the definition of “incapacitated” shall not apply for the purpose of determining whether a person has become incapacitated where the written application for payment of benefit in accordance with regulation E31(2) of the principal Regulations has been received by the Secretary of State before 1st April 1997.