The Teachers' Pensions (Contributable Salary) Regulations 2000

Statutory Instruments

2000 No.907

EDUCATION, ENGLAND AND WALES

The Teachers' Pensions (Contributable Salary) Regulations 2000

Made

28th March 2000

Laid before Parliament

30th March 2000

Coming into force

1st April 2000

The Secretary of State for Education and Employment, in exercise of the powers conferred by section 9 of, and Schedule 3 to, the Superannuation Act 1972(1), after consulting with representatives of the local education authorities, teachers and other persons likely to be affected, in accordance with section 9(5) of that Act, and with the consent of the Treasury(2), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Teachers' Pensions (Contributable Salary) Regulations 2000.

(2) These Regulations shall come into force on 1st April 2000.

(3) In these Regulations–

• “the 1997 Regulations ”means the Teachers' Pensions Regulations 1997(3);

• “the amended Document” means the School Teachers' Pay and Conditions Document 1999(4) following its amendment by the Education (School Teachers' Pay and Conditions) Order 2000(5);

• and expressions used in these Regulations for which a meaning is given in the 1997 Regulations or the amended Document have that meaning in these Regulations.

(4) In these Regulations except where the context otherwise requires a reference to a numbered paragraph is a reference to the paragraph so numbered in the amended Document.

Contributable salary

2.  Regulations 3 and 4 shall apply notwithstanding regulations C1(1), (7) and (8) of the 1997 Regulations.

3.—(1) This regulation applies to classroom teachers and persons referred to in regulation C1(7) of the 1997 Regulations whose salary is calculated in accordance with paragraph 17.4.

(2) The contributable salary of such a classroom teacher or a person referred to in regulation C1(7) of the 1997 Regulations for the period referred to in paragraph 17.5(a) shall be the salary determined in accordance with that paragraph but as if that paragraph referred to pay spine A instead of pay spine B (disregarding paragraph 17.11).

4.—(1) This regulation applies to classroom teachers and persons referred to in regulation C1(7) of the 1997 Regulations whose salary is calculated in accordance with paragraph 17A.

(2) Where paragraph 17A.2.2(a) applies (including where it applies with modifications in accordance with paragraph 17A.3 or 17A.5.1) or where paragraph 17A.6.2(a)(i) applies, the contributable salary of a classroom teacher or a person referred to in regulation C1(7) of the 1997 Regulations determined in accordance with regulation 3 shall be increased by the amount payable under whichever of those paragraphs applies for the period specified in that paragraph (disregarding paragraph 17.11).

(3) Where paragraph 17A.2.4(a) applies (including where it applies with modifications in accordance with paragraph 17A.3 or 17A.5.2) or where paragraph 17A.6.2(a)(ii) applies, the contributable salary of a classroom teacher or a person referred to in regulation C1(7) of the 1997 Regulations determined in accordance with regulation 3 shall be reduced by the amount payable under whichever of those paragraphs applies for the period specified in that paragraph (disregarding paragraph 17.11).

(4) Where paragraph 17A.4 applies the contributable salary of a classroom teacher or a person referred to in regulation C1(7) of the 1997 Regulations for the period referred to in that paragraph shall be determined in accordance with paragraph 17.5(a) but as if that paragraph referred to spine A instead of spine B (disregarding paragraph 17.11).

(5) Subject to paragraph (6), where paragraph 17A.7 applies the contributable salary of a classroom teacher or a person referred to in regulation C1(7) of the 1997 Regulations for the period referred to in paragraph 17A.7.2(a) shall be the salary determined in accordance with paragraph 17A.7.2(b) but as if the words “less a sum to be determined by the relevant body in accordance with paragraph 17A.7.3” were omitted (disregarding paragraph 17.11).

(6) Where paragraph 17A.7.4 applies the contributable salary of a classroom teacher or a person referred to in regulation C1(7) of the 1997 Regulations determined in accordance with paragraph (5) shall be adjusted by the amount specified in whichever of paragraph 17A.7.5(a) or (b) applies (disregarding paragraph 17.11).

(7) Subject to paragraph (8) where paragraph 17A.8 applies the contributable salary of a classroom teacher or a person referred to in regulation C1(7) of the 1997 Regulations for the period referred to in paragraph 17.5(a) shall be the salary determined in accordance with paragraph 17A.8.2 but as if the words “less a sum to be determined by the relevant body in accordance with paragraph 17A.7.3” were omitted (disregarding paragraph 17.11).

(8) Where paragraph 17A.8.3 applies the contributable salary of a classroom teacher or a person referred to in regulation C1(7) of the 1997 Regulations determined in accordance with paragraph (7) shall be adjusted by the amount specified in whichever of paragraph 17A.8.4(a) or (b) applies (disregarding paragraph 17.11).

Estelle Morris

Minister of State,

Department for Education and Employment

24th March 2000

We consent

Greg Pope

Bob Ainsworth

Two of the Lords Commissioners of Her Majesty’s Treasury

28th March 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations modify the definition of contributable salary in the Teachers' Pensions Regulations 1997 in consequence of the Education (School Teachers' Pay and Conditions) Order 2000 which, in addition to introducing revised pay scales for classroom teachers from 1st April 2000 provides for temporary adjustments to salary for the period 1st April 2000 to 31st August 2000. These Regulations disapply such temporary adjustments for the purposes of the Teachers' Pensions Regulations.

(1)

1972 c. 11; section 9 was amended by sections 4(1), 8(3) and (4) and 11 of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7).

(2)

See S.I. 1981/1670.

(3)

S.I. 1997/3001, amended by S.I. 1998/2255, S.I. 1999/607 and S.I. 2000/665.

(4)

ISBN 0 11 271069 7; the Document was given effect by the Education (School Teachers' Pay and Conditions) (No 2) Order 1999 (S.I. 1999/2160).

(5)

S.I. 2000/868.