The Teachers' Superannuation (Scotland) Amendment Regulations 1998

Modified application in case of employment at reduced salary

17.  For regulation H1 there shall be substituted–

“Modified application in case of employment at reduced salary

H1.— (1) If–

(a) a teacher who has been in pensionable employment either–

(i) continues to be employed by the same employer, or

(ii) ceases to be employed and is re-employed within six months (whether by the same or a different employer)

at a reduced rate of contributable salary; and

(b) where he continues to be employed by the same employer, is employed in a different post; and

(c) he does not make an election under regulation C1A(1) that his contributable salary is to be treated as having continued at the previous rate; and

(d) the relevant employer notifies the Secretary of State in writing of the matters specified in paragraph (2) before–

(i) the date which is three months after the first day of his employment at the reduced rate, or

(ii) 15th July 1998,

whichever is the later; and

(e) the application to him of this paragraph would, taking into account prospective increases under the Pensions (Increase) Act 1971 of benefits under Part E, be beneficial,

these Regulations have effect in relation to him with the modifications set out in Part II of Schedule 9.

(2) For the purposes of paragraph (1)(d) the matters which are to be notified to the Secretary of State are–

(a) where the teacher continues to be employed with the same employer or ceases to be employed and is re-employed by the same employer, that the teacher’s employment at a reduced rate of contributable salary is in the interests of the efficient discharge of the employer’s functions; and

(b) where the teacher ceases to be employed by one employer and is re-employed by a different employer–

(i) that the teacher had provided satisfactory service throughout the period of the teacher’s employment with the relevant employer; and

(ii) that the teacher had ceased employment with the relevant employer with the intention of seeking employment in a new post with less responsibility.

(3) For the purposes of this regulation–

(a) the contributable salary of a teacher in part-time service is to be taken to be what it would have been if he had been employed in full-time service; and

(b) the “relevant employer” is–

(i) where the teacher ceases to be employed by one employer and takes up employment with a different employer, the teacher’s former employer; and

(ii) in any other case, the teacher’s employer.

(4) A second or subsequent application of paragraph (1) does not affect its previous operation.”.