The Teachers’ Superannuation (Scotland) Amendment Regulations 2011

Substitution of regulation E1

5.  For regulation E1 (overriding provisions as to guaranteed minimum pension) substitute—

“Guaranteed minimum pensions

E1.— (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.”.