The Teachers’ Superannuation (Scotland) Amendment Regulations 2011

“Guaranteed minimum pensionsE1.

(1)

Where a teacher who has a guaranteed minimum reaches GMP age, the weekly rate of any relevant pension must not be less than the teacher’s guaranteed minimum under sections 14 to 16 of the 1993 Act.

(2)

Where no relevant pension becomes payable to a teacher who has a guaranteed minimum within 5 years after he or she reaches GMP age, a guaranteed minimum pension (the weekly rate of which is his or her guaranteed minimum under sections 14 to 16 of the 1993 Act) is payable to that teacher.

(3)

Paragraph (2) does not apply—

(a)

while the teacher consents to the application of that paragraph being postponed;

(b)

from the date on which a relevant pension becomes payable; or

(c)

where paragraph (4) applies.

(4)

This paragraph applies where—

(a)

a teacher who has a guaranteed minimum exercises his or her right to a cash equivalent;

(b)

the pension scheme into which the teacher’s rights to benefits under these Regulations are transferred does not accept a transfer of the teacher’s accrued rights to guaranteed minimum pensions; and

(c)

the teacher’s accrued rights to guaranteed minimum pension are not transferred elsewhere.

(5)

Where paragraph (4) applies, a guaranteed minimum pension, the weekly rate of which is the teacher’s guaranteed minimum under sections 14 to 16 of the 1993 Act, is payable to that teacher for life from the date on which he or she reaches GMP age.

(6)

Where a teacher who has a guaranteed minimum dies leaving a widow, widower or civil partner the pension payable to the widow, widower or civil partner under regulations E26 to E33 must be paid for any period required by or under section 17 of the 1993 Act at a weekly rate which is not to be less than the widow’s, widower’s or civil partner’s guaranteed minimum (as set out in that section).

(7)

In this regulation—

“accrued rights to guaranteed minimum pensions” must be construed in accordance with section 20 of the 1993 Act;

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

“relevant pension” means a phased retirement pension or retirement pension which becomes payable in respect of contracted-out employment before 6th April 1997.

(8)

This regulation is subject to—

(a)

regulation E18 (abatement of retirement pension);

(b)

regulation E22 (forfeiture of benefits);

(c)

regulation E23 (commutation: exceptional circumstances of ill-health); and

(d)

regulation J9 (commutation of benefits),

but overrides any other provision in these Regulations which is inconsistent.”.

“(b)

has attained the age of 55;”.

“Pension credit benefits before attaining normal benefit age (with actuarial reduction)F10B.

(1)

Subject to paragraph (2), a pension credit member is entitled to the payment of the pension credit benefit described in regulation F10 (appropriate rights and pension credit benefits under the Scheme) on or after attaining normal minimum pension age but before attaining normal pension age, where the corresponding debit member was in pensionable employment or excluded employment on or after 1st July 2002.

(2)

The pension and the lump sum (if any) described in paragraph (1) will be reduced by such amount as the Scottish Ministers, after taking the advice of the scheme actuary, may determine.”.

“(4)

Where the teacher is eligible to apply under regulation E8A (lump sum in place of part of pension) he or she is to be treated as applying under that regulation to receive the largest permissible lump sum in place of part of the pension.

(5)

The reference in this regulation to the annual rate of the pension is to the annual rate reduced in accordance with regulation E8A.”

“Reduction in transfer value: lifetime allowance chargeG1A.

(1)

This regulation applies where—

(a)

the lifetime allowance charge under section 214 (lifetime allowance charge) of the 2004 Act arises on the payment of a cash equivalent or a transfer value in respect of a teacher to a qualifying recognised overseas pension scheme; and

(b)

the teacher and the Scottish Ministers are jointly and severally liable to the charge.

(2)

The Scottish Ministers must pay the charge.

(3)

The cash equivalent or transfer value which, apart from this regulation, would be payable must be reduced to reflect the amount of the charge in such manner as the Scottish Ministers determine, after taking advice from the scheme actuary.

(4)

In this regulation “qualifying recognised overseas pension scheme” has the same meaning as in Part 4 of the 2004 Act.”.

“Reduction of benefits: lifetime allowance chargeJ6B.

(1)

This regulation applies where—

(a)

the lifetime allowance charge arises because a benefit becomes payable to a teacher; and

(b)

the teacher and the Scottish Ministers are jointly and severally liable to the charge.

(2)

The Scottish Ministers must pay the charge.

(3)

The amount of the benefit must be reduced to reflect the amount of the charge in such manner as the Scottish Ministers may determine, after taking advice from the scheme actuary.

General prohibition on unauthorised paymentsJ6C.

Nothing in these Regulations requires or authorises the making of any payment which, if made, would be an unauthorised payment5 for the purpose of Part 4 of the 2004 Act unless the Scottish Ministers determine otherwise (in the case of a particular payment).”.