The Teachers' Superannuation (Scotland) Amendment Regulations 1999

Payment by employer to Secretary of State

17.  In regulation G10–

(a) after paragraph (1B)(1) there shall be inserted–

“(1C) Where a teacher receives such an increase in contributable salary as is mentioned in regulation E29(13), the teacher’s last employer before he became entitled to payment of retirement benefits (“the former employer”) may make an election under paragraph (1D).

(1D) An election under this paragraph is an election to pay an additional contribution of

A - B - C

where–

• A is the actuarial value of the retirement benefits to which the teacher would be entitled calculated by reference to the salary he received,

• B is the actuarial value of the retirement benefits to which the teacher would be entitled if he was treated as receiving the increase in his contributable salary referred to in regulation E29(13),

• C is the aggregate of contributions which would be repaid under regulation H4A if no election had been made.

(1E) An election under paragraph (1D) may be made by giving written notice to the Secretary of State no later than six weeks after the date on which the teacher became entitled to payment of retirement benefits.

(1F) Where an election is made under paragraph (1D) the payment to the Secretary of State under the election shall be made within 14 days after the date of the election.”; and

(b) for paragraph (3) there shall be substituted–

“(3) If the full amount of any payment required under paragraph (1) or (1A) or under an election under paragraph (1D) is not paid by the end of the period referred to in the relevant paragraph, interest shall be payable by the employer or former employer, as the case may be, on the amount outstanding at 12% per annum compounded with monthly rests from the day after the end of the relevant period to the date of payment; but the Secretary of State may in any particular case waive the payment of interest.”.

(1)

Paragraph (1B) was inserted by S.I. 1998/718.