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The Teachers’ Pension Scheme Regulations 2014

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This is the original version (as it was originally made).

Interpretation

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3.  In these Regulations—

“the Act” means the Public Service Pensions Act 2013;

“EA 2002” means the Education Act 2002(1);

“FA 2004” means the Finance Act 2004(2);

“PA 1995” means the Pensions Act 1995(3);

“PA 2008” means the Pensions Act 2008(4);

“PIA 1971” means the Pensions (Increase) Act 1971(5);

“PSA 1993” means the Pension Schemes Act 1993(6);

“WRPA 1999” means the Welfare Reform and Pensions Act 1999(7);

“accepted member” has the meaning given in Part 1 of Schedule 1;

“accrual rate” means the fraction of pensionable earnings that accrue as earned pension for a financial year;

“accrued additional pension”—

(a)

for the purpose of a full retirement pension, has the meaning given in regulation 46;

(b)

for the purpose of a phased retirement pension, has the meaning given in regulation 47;

“accrued club transfer earned pension”—

(a)

for the purpose of a full retirement pension, has the meaning given in regulation 46;

(b)

for the purpose of a phased retirement pension, has the meaning given in regulation 47;

“accrued earned pension”—

(a)

for the purpose of a full retirement pension, has the meaning given in regulation 46;

(b)

for the purpose of a phased retirement pension, has the meaning given in regulation 47;

“accrued pension” means—

(a)

accrued earned pension;

(b)

accrued club transfer earned pension (if any); and

(c)

accrued additional pension (if any);

“accrued rights” does not include a right to benefits attributable (directly or indirectly) to a pension credit;

“active member”, in relation to this scheme, means a person who is in pensionable service under this scheme;

“active member’s account” has the meaning given in regulation 50;

“actuarial”, in relation to a calculation or value, means determined by, or in accordance with tables or guidance prepared by, the scheme actuary;

“actuarial adjustment” has the meaning given in Chapter 7 of Part 4;

“additional paternity leave” has the meaning given in regulation 2(1) of the Additional Paternity Leave Regulations 2010(8);

“additional pension” means—

(a)

additional (self only) pension; or

(b)

additional (surviving adult) pension;

“additional pension account” has the meaning given in Chapter 5 of Part 4;

“additional pension contributions” has the meaning given in Part 1 of Schedule 2;

“additional pension election” has the meaning given in Part 1 of Schedule 2;

“additional (self only) pension” means an additional pension payable to a pensioner member;

“additional (surviving adult) pension” means an additional pension payable to the member’s surviving adult after the member has died;

“adoption leave” has the meaning given in regulation 2(1) of the Paternity and Adoption Leave Regulations 2002(9);

“age retirement pension” means a pension payable under Chapter 2 of Part 5;

“amount of credited pension” has the meaning given in regulation 80(3);

“annual amount of pensionable earnings”, in relation to any year, means the amount of pensionable earnings payable in that year;

“annual rate of pensionable earnings” means—

(a)

for a member who is in pensionable service in relation to one full-time employment only, the annual rate of pensionable earnings for that employment;

(b)

for a member who is in pensionable service in relation to one part-time employment only, the annual rate of pensionable earnings that would be payable if that employment were a full-time employment;

(c)

for a member who is in pensionable service in relation to one irregular employment only, the annual rate of pensionable earnings that would be payable if that employment were a full-time employment; and

(d)

for a member who is in pensionable service in relation to more than one employment, the member’s full-time equivalent annual rate of pensionable earnings calculated under Chapter 5 of Part 3;

“appropriate factor”, in relation to a person, means a factor determined by the scheme actuary;

“balance of contributions” means the amount of contributions repayable under regulation 189;

“buy-out contributions” has the meaning given in Part 1 of Schedule 2;

“cash transfer sum” has the meaning given in section 101AB of PSA 1993(10);

“child pension” means a pension payable under regulation 149;

“club scheme” means a registered occupational pension scheme (other than a connected scheme) that has agreed to make and receive transfer value payments under the club transfer arrangements;

“club transfer” means a transfer to or from this scheme under the club transfer arrangements;

“club transfer arrangements” means arrangements approved by the scheme manager as providing reciprocal arrangements between this scheme and other registered occupational pension schemes for making and receiving transfer value payments;

“club transfer earned pension” means pension attributable to the receipt of a club transfer value;

“club transfer value”, in relation to earned pension accrued under this scheme or under another club scheme, has the meaning given in Part 10 (transfers);

“conversion amount” has the meaning given in regulation 75;

“connected scheme” has the meaning given in regulation 4;

“continuity of service”, in relation to a transition member, has the meaning given in Part 1 of Schedule 3;

“contributions equivalent premium” means a premium under section 55(2) of PSA 1993;

“contracting scheme employer” has the meaning given in Part 1 of Schedule 1;

“death grant” means a death grant under Part 6;

“deferred member”, in relation to this scheme, means a person (other than an active member or pensioner member of this scheme) who has accrued rights under this scheme;

“deferred member’s account” has the meaning given in Chapter 6 of Part 4;

“dual capacity member” has the meaning given in regulation 21;

“early retirement pension” means a pension payable under regulation 104;

“earned pension” means pension calculated by reference to a member’s pensionable earnings;

“eligible child” has the meaning given in regulation 137;

“eligible employment” has the meaning given in Part 3;

“employed” means employed under a contract of employment;

“employer”, for a person employed by the governing body of a school maintained by a local authority, means—

(a)

the local authority; or

(b)

for the purpose of an additional pension election, the local authority and the governing body;

“employment” means employment under a contract of employment;

“entitlement day”, in relation to a benefit payable under a Chapter in Part 5, has the meaning given in that Chapter;

“existing club transfer arrangements” means arrangements approved by the scheme manager of the existing scheme as providing reciprocal arrangements between the existing scheme and other existing club schemes for making and receiving transfer value payments;

“existing Fair Deal arrangements” has the meaning given in Part 1 of Schedule 3;

“an existing club scheme” means a registered occupational pension scheme which belonged to the transfer club on the scheme closing date;

“an existing scheme” means an existing scheme as defined in section 18(2) of the Act;

“the existing scheme” means the scheme constituted by regulations made under section 9 of the Superannuation Act 1972(11) (whether made before or after the coming into force of these Regulations);

“Fair Deal transfer” has the meaning given in Part 1 of Schedule 1;

“Fair Deal transfer date” has the meaning given in Part 1 of Schedule 1;

“faster accrual contributions” has the meaning given in Part 1 of Schedule 2;

“faster accrual earned pension”, in relation to a financial year, means the amount of earned pension calculated by applying the faster accrual rate to the member’s pensionable earnings for that year;

“faster accrual election” has the meaning given in Part 1 of Schedule 2;

“financial year” means the 12 months ending with 31st March in any year;

“full retirement additional pension” has the meaning given in regulation 70;

“full retirement earned pension” has the meaning given in regulation 69;

“full retirement pension” means—

(a)

a full retirement earned pension; and

(b)

a full retirement additional pension (if any);

“full-time”, in relation to employment, has the meaning given in regulation 16(a);

“function provider” has the meaning given in Part 1 of Schedule 1;

“GMP age” means 65 in the case of a man or 60 in the case of a woman;

“guaranteed minimum” means a guaranteed minimum under section 14 of PSA 1993;

“guaranteed minimum pension” has the meaning given in section 8(2) of PSA 1993;

“ill-health pension” means a pension payable under regulation 110;

“ill-health retirement benefits” means—

(a)

an ill-health pension; and

(b)

a lump sum payable under regulation 168 in place of part of that pension;

“incapacitated” has the meaning given in Chapter 6 of Part 5 (ill-health retirement);

“index adjustment” means—

(a)

in relation to the opening balance of earned pension for any financial year (other than the opening balance of club transfer earned pension), means the percentage increase or decrease in prices specified in the Treasury order for the previous financial year, plus 1.6%; and

(b)

in relation to the opening balance of club transfer earned pension for any financial year, means the adjustment that would apply to the opening balance of that amount of earned pension under the sending scheme for the previous financial year;

“initial payment” has the meaning given in regulation 164 or 165;

“last active financial year” has the meaning given in regulation 46;

“last day of pensionable service”, in relation to a member, means the day on which a member leaves all pensionable service;

“leaver index adjustment” has the meaning given in Chapter 1 of Part 4;

“leaver PIA index adjustment” has the meaning given in Chapter 1 of Part 4;

“local authority” means—

(a)

a county council,

(b)

a metropolitan district council,

(c)

a non-metropolitan district council for an area for which there is no county council,

(d)

a county borough council (in Wales),

(e)

a London borough council,

(f)

the Common Council of the City of London,

(g)

the Council of the Isles of Scilly;

“maternity leave” means ordinary maternity leave or additional maternity leave within the meaning of the Maternity and Parental Leave etc. Regulations 1999(12);

“member”, in relation to this scheme, means an active member, deferred member, pensioner member or pension credit member;

“members’ contributions” means contributions payable under regulation 185(1) on pensionable earnings;

“members’ contributions rate” has the meaning given in regulation 185;

“non-pensionable family leave” means a period of adoption leave, maternity leave, parental leave, paternity leave or additional paternity leave during which the employee—

(a)

does not receive any statutory pay; and

(b)

is not paid a salary or is paid less than half the salary;

“non-pensionable sick leave” means a period of sick leave taken by an employee with the consent of the employer, during which the employee—

(a)

does not receive any statutory pay; and

(b)

is not paid a salary or is paid less than half the employee’s salary;

“normal minimum pension age” has the same meaning as in section 279(1) of FA 2004;

“normal pension age”—

(a)

in relation to this scheme, is determined in accordance with section 10 of the Act; and

(b)

in relation to the existing scheme, has the meaning given in that scheme;

“occupational pension scheme” has the meaning given in section 1 of PSA 1993;

“opening balance”, in relation to earned pension or transferred pension, has the meaning given in regulation 54;

“opening balance”, in relation to additional pension, has the meaning given in regulation 59;

“parental leave” means leave within the meaning of Part 3 of the Maternity and Parental Leave etc. Regulations 1999;

“Participation Agreement” has the meaning given in Part 1 of Schedule 1;

“part-time”, in relation to employment, has the meaning given in regulation 16(b);

“paternity leave” means leave under regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002(13);

“pay order” means an order under section 122 of EA 2002, for the time being in force and includes any document referred to in such an order;

“pay period”, in relation to the payment of a member’s pensionable earnings, means the period in respect of which the payment is made;

“pension credit” has the meaning given in Chapter 1 of Part 7 (benefits for pension credit members);

“pension credit member” has the meaning given in Chapter 1 of Part 7;

“pension credit member’s account” has the meaning given in regulation 80;

“pension credit retirement pension” has the meaning given in Chapter 1 of Part 7;

“pension debit member” has the meaning given in Chapter 1 of Part 7;

“pensionable earnings” has the meaning given in Chapter 4 of Part 3;

“pensioner member”, in relation to this scheme, means a person who is entitled to payment of a retirement pension under this scheme;

“pensioner member’s account” has the meaning given in regulation 76;

“pension-sharing order” means any provision or order specified in section 28 of WRPA;

“period of permanent service”, in relation to service in the armed forces, has the meaning given in regulation 26;

“permitted maximum” means the amount determined in accordance with paragraph 2 of Schedule 29 to FA 2004;

“personal pension scheme” means a personal pension scheme as defined in section 1 of PSA 1993 that is a registered pension scheme;

“phased retirement application” has the meaning given in Chapter 3 of Part 5;

“phased retirement additional pension” has the meaning given in regulation 72;

“phased retirement earned pension” has the meaning given in regulation 71;

“phased retirement pension” means—

(a)

a phased retirement earned pension; and

(b)

a phased retirement additional pension (if any);

“phased retirement proportion” means the proportion of accrued earned pension specified in a phased retirement application;

“PIA index adjustment”, in relation to the opening balance of additional pension for any financial year, means the amount by which the annual rate of a pension of an amount equal to the opening balance would have been increased in that year under PIA 1971 if—

(a)

that pension were eligible to be so increased; and

(b)

the beginning date for that pension were the first day of the previous financial year;

“post-benefit service” has the meaning given in regulation 83(3);

“premature retirement pension” means a pension payable under regulation 101;

“prospective normal pension age”, in relation to a member’s prospective entitlement to benefits under this scheme, means the normal pension age that the scheme manager determines (by reference to Treasury directions made under section 11(2) of the Act) would apply in relation to those benefits;

“protected member” has the meaning given in Part 1 of Schedule 3;

“public service scheme” means a scheme under section 1 of the Act;

“qualified”, in relation to retirement benefits payable under this scheme, has the meaning given in regulation 82;

“registered”, in relation to a pension scheme, means registered under Chapter 2 of Part 4 of FA 2004;

“re-qualified”, in relation to retirement benefits payable under this scheme, has the meaning given in regulation 83;

“retirement benefits” means—

(a)

a retirement pension; and

(b)

any lump sum payable under regulation 168 in place of part of that pension;

“retirement pension” means—

(a)

an age retirement pension;

(b)

a phased retirement pension;

(c)

a premature retirement pension;

(d)

an early retirement pension;

(e)

an ill-health pension;

(f)

a total incapacity pension;

“salary” means gross salary payable under a contract of employment;

“this scheme” means the scheme established by these Regulations;

“scheme actuary” means the person appointed by the scheme manager for the time being to provide a consulting service on actuarial matters;

“scheme closing date” has the meaning given in Part 1 of Schedule 3;

“scheme manager” has the meaning given in Part 2;

“sending scheme” means a pension scheme which pays a transfer value or a club transfer value;

“short-service serious ill-health grant” means a grant payable under Chapter 7 of Part 5;

“standard accrual rate”, in relation to a member’s pensionable earnings, means 1/57th;

“standard earned pension”, in relation to a financial year, means the amount of earned pension calculated by applying the standard accrual rate to the member’s pensionable earnings for that year;

“standard increase”, in relation to pensionable earnings, has the meaning given in Chapter 4 of Part 3;

“standard rate”, in relation to interest, means the Superannuation Contributions Adjusted for Past Experience discount rate set by the Treasury;

“standard reduction” has the meaning given in Chapter 7 of Part 4;

“statutory pay” means—

(a)

statutory adoption pay, statutory maternity pay or statutory paternity pay within the meaning of the Social Security Contributions and Benefits Act 1992(14), or

(b)

additional statutory paternity pay within the meaning given in regulation 2(1) of the Additional Statutory Paternity Pay (General) Regulations 2010(15);

“surviving adult” has the meaning given in regulation 134;

“surviving adult pension ” means a pension payable under regulation 142;

“surviving civil partner” means a person who, at the time of a member’s death, was in a civil partnership(16) with the member;

“surviving nominated beneficiary” has the meaning given in regulation 136;

“surviving nominated partner” has the meaning given in regulation 135;

“surviving spouse” means a person who, at the time of a member’s death, was married to the member;

“survivor’s pension” has the meaning given in Chapter 1 of Part 6;

“total incapacity benefits” means—

(a)

a total incapacity pension; and

(b)

a lump sum payable under regulation 168 in place of part of that pension;

“total incapacity pension” means a pension payable under regulation 116;

“transfer club” means the club of registered occupational pension schemes which make and receive transfer value payments under the club transfer arrangements;

“transfer payment” means a transfer value payment or a cash transfer sum made or received by this scheme in relation to a member;

“transfer value”, in relation to accrued rights other than rights to earned pension accrued under this scheme or under another club scheme, has the meaning given in Part 10 (transfers);

“transfer value payment” means—

(a)

the payment of a transfer value or club transfer value under Part 10 (transfers); or

(b)

the payment of a transfer value under Chapter 4 of Part 4 of PSA 1993;

“transferred pension” means pension attributable to the receipt of a transfer value;

“transition member” has the meaning given in Part 4 of Schedule 3;

“the Treasury order”, in relation to a given period, means the Treasury order made under section 9(2) of the Act that specifies a percentage increase or decrease in prices in relation to that period;

“TUPE transfer” means a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006(17).

(10)

Section 101AB was inserted by the Pensions Act 2004 (c.35), section 264.

(11)

1972 c.11.

(12)

S.I. 1999/3312, to which there are amendments not relevant to these Regulations.

(14)

1992 c.4.

(16)

See section 1 of the Civil Partnership Act 2004 (c.33) for the meaning of “civil partnership”.

(17)

S.I. 2006/246, as amended by S.I. 2014/16.

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