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The Teachers’ Superannuation (Additional Voluntary Contributions) (Amendment) Regulations 2015

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Amendments to regulation 2 (Interpretation)

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3.  In regulation 2–

(a)after sub-paragraph (2)(e) insert—

(f)references to the 2014 Regulations are references to the Teachers’ Pension Scheme Regulations 2014(1).;

(b)in paragraph (3), after the definition of “authorised provider” insert—

AVC policy age” means—

(a)

except in the circumstances mentioned in sub-paragraphs (b), (c), (d) or (e), a person (P)’s normal pension age on the date P makes an election under regulation 4;

(b)

if a transfer is made under regulation 10, a person (P)’s normal pension age at the date that written notice from P under regulation 10(1) is received by the Secretary of State;

(c)

in respect of a pension credit member, the pension debit member’s normal pension age on the date that an election under regulation 4 is made by the pension debit member or notice from the pension debit member under regulation 10(1) is received by the Secretary of State;

(d)

if a contributor or participator (P) realises all of the funds invested on P’s behalf under regulation 9(1) and 10(2) and makes a subsequent election under regulation 4, P’s normal pension age at the date of the subsequent election;

(e)

if a person (P) is in pensionable service under the 2010 Regulations at the time of making an election under regulation 4, and has more than one normal pension age under regulation 48 of those Regulations, P’s normal pension age in relation to P’s pensionable service on the date P makes the election;;

(c)in paragraph (3), for the definition of “civil partner” substitute—

is to be construed in accordance with section 1 of the Civil Partnership Act 2004(2);;

(d)in paragraph (3), in the definition of “dependent”, for sub-paragraphs (a) to (c) substitute—

(a)any surviving spouse or surviving civil partner;

(b)any person who is an eligible child as defined in regulation 98 of the 2010 Regulations or regulation 137 of the 2014 Regulations;

(c)any person in respect of whom at the time of death of the participator or contributor a nomination under regulation 90 or 91 of the 2010 Regulations or regulation 135 or 136 of the 2014 Regulations has effect;

(d)any surviving adult as defined in regulation 134 of the 2014 Regulations;;

(e)in paragraph (3), in the definition of “insurance company”, for “Part 4” substitute “Part 4A”;

(f)in paragraph (3), for the definition of “normal pension age” substitute—

in the case of a person who, at the time of making an election under regulation 4, is in pensionable service under the 2010 Regulations is to be construed in accordance with the 2010 Regulations, and in the case of a person who, at the time of making an election under regulation 4, was in pensionable service under the 2014 Regulations is to be construed in accordance with the 2014 Regulations;;

(g)in paragraph (3), omit the definition of “old regulation C9 of the 1997 regulations”;

(h)in paragraph (3), in the definition of “participator”—

(i)at the end of sub-paragraph (a) insert “in respect of all investments made under regulation 9(1) and 10(2) and has not made a further election under regulation 4 in respect of further pensionable service”;

(ii)at the end of sub-paragraph (c) insert “and who is not otherwise a contributor”;

(i)in paragraph (3), after the definition of “participator” insert—

“pension commencement lump sum” is to be construed in accordance with Part 1 of Schedule 29 to the 2004 Act;;

(j)after the definition of “pension sharing order” insert—

“pensionable service” is to be construed in accordance with section 37 of the Public Service Pensions Act 2013(3);

“qualifying recognised overseas pension scheme” is to be construed in accordance with section 169 of the 2004 Act;;

(k)in paragraph (3), omit the definition of “pensionable employment”;

(l)in paragraph (3), omit the definition of “reckonable service”;

(m)in paragraph (3), in the definition of “salary”, for sub-paragraphs (a) and (b) substitute—

(a)where a person is in pensionable service under the 2010 Regulations at the time the contribution is paid, the salary calculated in accordance with regulations 15 and 16 of the 2010 regulations and regulation C2 of the 1997 Regulations as it has effect by virtue of paragraph 6 of Schedule 13 to the 2010 Regulations;

(b)where a person is in pensionable service under the 2010 Regulations at the time the contribution is paid in relation to contributions payable under regulation 19 of the 2010 Regulations the salary determined in accordance with the provisions of those regulations for the purposes of calculating those contributions;

(c)where a person is in pensionable service under the 2014 Regulations at the time the contribution is paid, in relation to pensionable earnings under Chapter 4 of Part 3 of the 2014 Regulations, the earnings determined in accordance with the provisions of that Chapter;;

(n)in paragraph (3), after the definition of “tax year” insert—

“uncrystallised fund pension lump sum” is to be construed in accordance with section 166 of the 2004 Act..

(2)

2004 c. 33; section 1 was amended by the Marriage (Same Sex Couples) Act 2013 (c. 30), Schedule 7, Part 2, paragraphs 33 and 34(a) and (b).

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