12 Amendment of the Teachers' Superannuation (Scotland) Regulations 2005
After regulation E8(4) (amount of retirement lump sum) insert–

“4A Paragraph (4B) applies in any case where, but for paragraph (4), a teacher would be entitled to a lump sum which exceeds the teacher’s permitted maximum (“the notional lump sum”).
4B The annual rate of the teacher’s retirement pension is increased by an amount which represents the value of the amount by which the notional lump sum exceeds the teacher’s permitted maximum.
4C The increase in the annual rate of the teacher’s retirement pension shall be determined by the Scottish Ministers after taking advice from the scheme actuary.”

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