The Teachers' Superannuation (Scotland) Regulations 2005

Modified application in case of employment at reduced salary

J1.—(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 6 months (whether by the same or a different employer),

at a reduced rate of contributable salary;

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

(c) he or she does not make an election under regulation C2(1) that his or her contributable salary is to be treated as having continued at the previous rate;

(d) the relevant employer notifies the Scottish Ministers in writing of the matters specified in paragraph (2) before the date which is 3 months after the first day of his or her employment at the reduced rate;

(e) the application to him or her of this paragraph would, taking into account prospective increases under the 1971 Act(1) of benefits under Part E, be beneficial; and

(f) where he or she is not now in pensionable employment by virtue of regulation B9,

these regulations have effect in relation to him or her 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 Scottish Ministers 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 has 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 or she 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 person’s employer.

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

(1)

1971 c. 56.