The Teachers' Pensions (Amendment) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Teachers Pensions Regulations 1997 (“the principal regulations”).

Regulations 3, 9 and 13 (which amongst other things insert a new regulation A3 into, and amend Schedule 2 to the principal regulations) provide for teachers who are employed by an Education Action Forum to be in pensionable employment. Regulation 3 also clarifies the position of which body is the employer of a teacher employed in, or in connection with, a school maintained by a local education authority. These provisions have effect from 1st September 1998.

Regulations 4, 5, 6 and 10 make provision whereby if a person elects that part-time employment is to be pensionable and if the election has effect from a date earlier than the first day of the month after that in which it was given, interest may be payable on back contributions. The amendment made by regulation 4 also provides that if the back contributions and interest are not paid within 6 weeks of a demand the election will not have effect from the earlier date.

Regulations 7, 8 and 11 amend the provisions for reduction of pension where a person who is entitled to a retirement pension is in certain types of employment, and make consequential changes to the requirement to provide information. These provisions have effect from 1st September 1998 and regulation 16 makes special provisions for the period from 1st September 1998 to 5th April 1999.

Regulation 12 makes consequential amendments to Schedule 1 (definitions).

Regulation 14 amends Schedule 10 to the Principal Regulations to provide for actuarial reduction of retirement benefits payable in respect of admitted service if a teacher retires early. These provisions reproduce those which were contained in paragraph 29A of Schedule 10 to the Teachers' Superannuation (Consolidation) Regulations 1988 as amended and have effect from 3rd February 1998.