Citation, commencement and effect
1. These Regulations may be cited as the Teachers’ Superannuation (Scotland) (Miscellaneous Amendments) Regulations 2014 and come into force on 1st May 2014, but regulations 3 and 5(a) have effect from 6th April 2010 and regulations 4 and 5(b) to (d) have effect from 1st October 2012.
Amendment of the Teachers’ Superannuation (Scotland) Regulations 2005
2. The Teachers’ Superannuation (Scotland) Regulations 2005(1) are amended in accordance with regulations 3 to 22 of these Regulations.
Additional paternity leave
3. In each of the following provisions, after “paternity” insert “, additional paternity”—
(a)paragraph (1)(b) of regulation C1 (salary on which contributions are payable);
(b)paragraph (1)(a) of regulation C2 (salary on which contributions are payable – election);
(c)paragraph (4)(a) of regulation D1 (reckonable service generally);
(d)paragraph (5)(c)(i)(bb) of regulation E6 (entitlement to payment of retirement benefits);
(e)paragraph (1)(b) of regulation E10A (total incapacity benefit);
(f)paragraph (1)(e) of regulation E24 (death grants);
(g)paragraph (1)(a) of regulation E29 (amount and duration of short-term family benefits);
(h)paragraph (7)(a) of regulation E34 (pensionable salary); and
(i)paragraph (1)(f) of regulation J4 (records and information).
Amendment of regulation B2
4. In regulation B2 (part-time service)—
(a)after “new employment specified in Schedule 2” insert “or the teacher’s employer makes arrangements under section 3(2) (automatic enrolment) or 5(2) (automatic re-enrolment) of the 2008 Act”; and
(b)omit paragraphs (4) to (6).
Amendment of regulation B6
5. In regulation B6 (employment not pensionable)—
(a)in paragraph (1)(c), after “pay” insert “or additional statutory paternity pay”;
(b)in paragraph (2), after “not pensionable employment” insert “unless the teacher’s employer makes arrangements under section 3(2) (automatic enrolment) or 5(2) (automatic re-enrolment) of the 2008 Act in respect of that employment”;
(c)in paragraph (3), after “not in pensionable employment” insert “unless the teacher’s employer makes arrangements under section 3(2) (automatic enrolment) or 5(2) (automatic re-enrolment) of the 2008 Act in respect of that employment”; and
(d)in paragraph (6), after “regulation B8” insert “or the teacher’s employer makes arrangements under section 3(2) (automatic enrolment) or 5(2) (automatic re-enrolment) of the 2008 Act in respect of that employment”.
Substitution of regulation B7
6. For regulation B7, substitute—
“Election for employment not to be pensionable
B7.—(1) A teacher may make an election under this regulation in respect of a particular pensionable employment by giving written notice to the employer.
(2) An election has effect from the first day of the month after the month in which the notice is given.
(3) But—
(a)if the notice is given within 3 months after the start of employment in a capacity mentioned in Schedule 2, the election has effect from the first day of that employment; and
(b)if the notice is given within 3 months after the date on which arrangements made by the employer under section 3(2) (automatic enrolment) or section 5(2) (automatic re-enrolment) of the 2008 Act have effect in respect of that employment, the election has effect from that date.
(4) An election ceases to have effect from the earlier of—
(a)the date on which an election under regulation B8 (resumption of pensionable status) has effect; and
(b)the date on which arrangements made by the employer under section 3(2) (automatic enrolment) or section 5(2) (automatic re-enrolment) of the 2008 Act have effect in respect of the employment.”.
Substitution of regulation B8 and new regulation B8A
7. For regulation B8, substitute—
“Resumption of pensionable status
B8.—(1) A teacher mentioned in paragraph (2) may make an election under this regulation in respect of a particular employment by giving written notice to the Scottish Ministers, save that a teacher mentioned in paragraph (2)(b) or (c) may only make an election before the automatic enrolment date in relation to that teacher in respect of that employment.
(2) The teachers are—
(a)a teacher in, or about to enter, employment in a capacity mentioned in Schedule 2 who has previously made an election under regulation B7 (election for employment not to be pensionable);
(b)a teacher in part-time employment which is not pensionable by virtue of regulation B2(3);
(c)a teacher in part-time or full-time employment which is not pensionable by virtue of regulation B6(5).
(3) An election has effect from the first day of the month after the month in which the notice is given.
(4) But where the election is made by a teacher mentioned in paragraph (2)(a) who gives notice before or within 3 months after the start of employment in a capacity mentioned in Schedule 2, the election has effect from the first day of that employment.
Backdating elections for employment to be pensionable
B8A.—(1) Where—
(a)an election under regulation B8 (resumption of pensionable status) is made by a teacher in respect of non-pensionable part-time employment or in non-pensionable post-retirement employment;
(b)(except where the election is made by a teacher in non-pensionable post-retirement employment) at the same time as notice of the election is given the teacher making the election and the teacher’s employer request that the Scottish Ministers backdate the election (by making a determination in accordance with paragraph (2)(b)) and the Scottish Ministers agree to do so;
(c)the teacher making the election and the teacher’s employer inform the Scottish Ministers that they agree that contributions in accordance with sub-paragraph (d) be paid; and
(d)the sum mentioned in paragraph (6) together with interest at the standard rate is paid to the Scottish Ministers,
the teacher’s relevant employment during the back period is to be treated as pensionable employment.
(2) Where the election is made by a teacher in non-pensionable part-time employment—
(a)“relevant employment” means non-pensionable part-time employment; and
(b)the “back period” means the period beginning on a date determined by the Scottish Ministers and ending on the day on which the election has effect.
(3) The date determined for the purpose of paragraph (2)(b) must be such that the back period does not begin before or during—
(a)any period of the teacher’s opted-out employment; or
(b)any period during which the teacher was employed in relevant employment by an employer who does not join in the request mentioned in paragraph (1)(b) or inform the Scottish Ministers as mentioned in paragraph (1)(c).
(4) Where the election is made by a teacher in non-pensionable post-retirement employment—
(a)“relevant employment” means non-pensionable post-retirement employment; and
(b)the “back period” means the period beginning on a date agreed between the teacher and the teacher’s employer and ending on the day on which the election has effect.
(5) The date agreed for the purposes of paragraph (4)(b)—
(a)must not be before 1st October 2001; and
(b)must be such that the back period does not begin before or during—
(i)any period of the teacher’s opted-out employments; or
(ii)any period during which the teacher was employed in relevant employment by an employer who does not inform the Scottish Ministers as mentioned in paragraph (1)(c).
(6) The sum is a sum equal to the contributions (due from both the teacher making the election and the teacher’s employer or employers) which would have been payable to the Scottish Ministers if the teacher’s relevant employment during the back period had been pensionable employment.
(7) Where the election is made by a teacher with mixed service, the teacher’s relevant employment during the back period is to be treated for the purpose of these Regulations as occurring after the post-break employment start date.
(8) Where the election is made by a 2007 or later entrant, the teacher’s relevant employment during the back period is to be treated for the purposes of these Regulations as occurring after 31st March 2007.
(9) In this regulation—
“non-pensionable part-time employment” means employment which is not pensionable by virtue of regulation B2(3);
“non-pensionable post-retirement employment” means employment which is not pensionable by virtue of regulation B6(5);
“opted-out employment” means—
employment in a capacity mentioned in Schedule 2 which was not pensionable by virtue of an election under regulation B7 (election for employment not to be pensionable);
employment in a capacity mentioned in regulation B4 which ceased to be pensionable by virtue of an election under regulation B7 (election for employment not to be pensionable),
and where employment falls within paragraph (a) or (b) and is also non-pensionable part-time employment or non-pensionable post-retirement employment, that employment is opted-out employment.”.
Omission of regulations C4 and C4A
8. Omit regulations C4 (contributions where an election under regulation B2(4) has been made) and C4A (contributions where an election under regulation B8(1A) is to take effect from an earlier date).
Substitution of regulation C15
9. For regulation C15, substitute—
“Deduction by employers of contributions, etc. from salary, payment in default and interest
C15.—(1) The employer of a teacher in pensionable employment must deduct from that teacher’s salary each month the contributions and instalments mentioned in paragraph (3).
(2) If any contributions or instalments referred to in paragraph (1) are not deducted in the appropriate month in accordance with that paragraph, the employer may deduct such contributions or instalments from the teacher’s salary in any subsequent month (but this paragraph does not affect regulation H6 (payment by employers to Scottish Ministers)).
(3) The contributions and instalments are—
(a)the contributions payable under regulation C3(2);
(b)any contributions payable under regulation C3(3);
(c)any additional contributions payable as a result of an election under regulation C4B;
(d)any additional contributions payable by virtue of regulation C7 or C10; and
(e)any instalments payable under regulation C14(3).
(4) Where a teacher has ceased to be employed by an employer and, at the time when he or she ceased to be employed by that employer—
(a)any deduction required by paragraphs (1) to (3) to be made by the employer has not been made; and
(b)despite regulation H6(1)(a) (payment by employers to Scottish Ministers), a corresponding amount has not been paid to the Scottish Ministers pursuant to that regulation,
any amount remaining due, together with interest at the appropriate rate (compounded with monthly rests) from the due date to the date of payment, is to be paid by the teacher to the Scottish Ministers on receipt of a written demand, but the Scottish Ministers may in any case waive the payment of the whole or any part of such interest.
(5) In paragraph (4)—
(a)the “appropriate rate” is—
(i)4 per cent per annum in respect of any period before 1st May 2014;
(ii)the standard rate in respect of any other period; and
(b)the “due date” is the 8th day after the end of the month in which the deduction required by paragraph (1) should have been made.”.
Amendment of regulation E8
10. For paragraph (6) of regulation E8 (amount of retirement lump sum), substitute—
“(6) Where a teacher on becoming entitled to a lump sum under this regulation on or before 5th April 2011 has attained the age of 75, the teacher—
(a)will cease to be entitled to a lump sum; and
(b)will instead be entitled to have his or her pension increased by such amount as the Scottish Ministers may, after taking advice from the scheme actuary, determine.”.
Amendment of regulation E18
11. In paragraph (2)(b) of Regulation E18 (abatement of retirement pension), after “does” insert “not”.
Substitution of regulation E21
12. For regulation E21, substitute—
“Short-service serious ill-health grant
E21.—(1) This regulation applies to a teacher if—
(a)he or she was in pensionable employment for at least 12 months;
(b)he or she is not qualified for retirement benefits or qualified for retirement benefits following further employment;
(c)he or she ceases to be in pensionable employment because he or she satisfies the incapacity condition;
(d)his or her application under regulation E36 (payment of benefits) is made within 12 months after the date on which his or her pensionable employment ceases; and
(e)he or she has a life expectancy of less than a year.
(2) A short-service serious ill-health grant is payable to a teacher to whom this regulation applies.
(3) But no grant may be paid to a teacher who is 75 or over.
(4) The amount of the grant is the teacher’s pensionable salary/12 x the teacher’s reckonable service (in years and fractions of a year).
(5) For the purposes of this regulation, a teacher satisfies the incapacity condition if the teacher is incapacitated and is likely to be incapacitated permanently.”.
New regulation E21A
13. After regulation E21, insert—
“Short-service annuity: unauthorised payments
E21A.—(1) This regulation applies where the repayment of a teacher’s contributions under regulation C11 is not made because of regulation J6C (general prohibition on unauthorised payments) but where the teacher would otherwise be entitled to repayment of contributions.
(2) A short-service annuity is payable to the teacher from the date specified by the teacher in his or her application which must be no earlier than 6 weeks after the date on which his or her application is made.
(3) Except as otherwise provided in these Regulations, the annuity is payable for life.
(4) The annual rate of the annuity is the actuarial equivalent of the contributions which would have been repaid.”.
Amendment of regulation E24
14. For paragraph (5) of regulation E24 (death grants), substitute—
“(5) The amount of the grant under paragraph (3) is 3/80ths x the teacher’s pensionable salary x the teacher’s reckonable service (in years and fractions of a year) less the amount of any retirement lump sum or short service serious ill health grant.”.
Amendment of regulation G2
15. After paragraph (4) of regulation G2 (acceptance of transfer values) insert—
“(4A) But subparagraphs (a) and (b) of paragraph (4) do not apply if—
(a)while the teacher was subject to the previous scheme, he or she was employed in comparable British service;
(b)the teacher entered pensionable employment—
(i)immediately after the end of the employment; or
(ii)on or before the teacher’s 60th birthday in the case of a pre-2007 entrant or the teacher’s 65th birthday in any other case; and
(c)the teacher has not applied for payment of any benefit.”.
Omission of regulation H2
16. Omit regulation H2 (actuarial review).
Insertion of regulation H2A
17. After regulation H2 (omitted under regulation 16 above), insert—
“Meaning of “standard rate” of interest
H2A. Where under any provision of these Regulations interest is required to be paid at the standard rate, the rate of interest is the Superannuation Contributions Adjusted for Past Experience discount rate set by the Treasury.”.
Amendment of regulation H3
18. Regulation H3 (employers’ contributions) is amended as follows—
(a)omit sub-paragraphs (a) and (b) of paragraph (1);
(b)in paragraph (2), omit ”during every relevant period”;
(c)for paragraph (3), substitute—
“(3) The required percentage is 14.9%.”; and
(d)omit paragraphs (4), (6) and (7).
Omission of regulations H5 and H5A
19. Omit regulations H5 (employers’ contributions – part-time elections) and H5A (employers’ contributions in respect of further employment).
Amendment of regulation H6
20. In paragraph (10) of regulation H6 (payments by employers to Scottish Ministers), omit “and” after sub-paragraph (a) and insert at the end of sub-paragraph (b)—
“and before 1st May 2014; and
(c)the standard rate in relation to all amounts and contributions payable in relation to pensionable employment on or after 1st May 2014”.
Substitution of regulation J6B
21. For regulation J6B, substitute—
“Reduction of benefits: annual allowance and lifetime allowance charge
J6B.—(1) This regulation applies where—
(a)the lifetime allowance charge under section 214 of the 2004 Act(2) arises because a benefit becomes payable to a teacher and the teacher and the Scottish Ministers are jointly and severally liable to the charge; or
(b)the annual allowance charge under section 227 of the 2004 Act arises in respect of a teacher who serves a notice under section 238A of that Act(3).
(2) The Scottish Ministers must pay the charge referred to in sub-paragraph (a) or (b) of paragraph (1) (as the case may be).
(3) The amount of the benefit must be reduced to reflect the amount of the charge in such manner as the Scottish Ministers are to determine, after taking advice from the scheme actuary.”.
Amendment of Schedule 1
22. In Schedule 1 (glossary of expressions)—
(a)insert the following definitions at the appropriate place in each case—
| “The 2008 Act” | The Pensions Act 2008 |
| “additional paternity leave” | The meaning in regulation 2(1) of the Additional Paternity Leave Regulations 2010(4) |
| “additional statutory paternity pay” | The meaning in regulation 2(1) of the Additional Statutory Paternity Pay (General) Regulations 2010(5) |
| “automatic enrolment date” | The meaning in section 3(7) of the 2008 Act |
| “short-service annuity” | An annuity payable under Regulation E21A |
| “short-service serious ill-health grant” | A grant payable under Regulation E21A |
| “standard rate” (in the context of interest) | See regulation H2A (meaning of “standard rate” of interest); |
(b)omit the definitions of “Back Period” and “Indexing”.
Amendment of the Teachers’ Superannuation (Additional Voluntary Contributions) (Scotland) Regulations 1995
23. The Teachers’ Superannuation (Additional Voluntary Contributions) (Scotland) Regulations 1995(6) are amended in accordance with regulations 24 to 26.
Amendment of regulation 5
24. For paragraph (3)(c) of regulation 5 (allocation of lump sum death benefit to provide dependants’ pensions), substitute—
“(c)in respect of every pension to be provided, whether the annual rate of the pension—
(i)is to be fixed;
(ii)is to vary in accordance with the Index;
(iii)is to increase yearly by a specified percentage;
(iv)where the authorised provider offers pensions which vary in accordance with an index of prices other than the Index, is to vary in accordance with the index specified in the notice; or
(v)is to be an Investment Linked Pension.”.
Amendment of regulation 11
25. In regulation 11 (outward transfers)—
(a)in paragraph (1), omit “(b), (c) or (d)”; and
(b)for paragraph (2), substitute—
“(2) A transfer value shall not be paid pursuant to paragraph (1) in respect of a person who has given written notice to the Scottish Ministers under regulation 12(5).”.
Amendment of regulation 12
26. In regulation 12 (retirement and dependants’ pensions), for paragraph (5)(d) substitute—
“(d)in respect of every pension to be provided, whether the annual rate of the pension—
(i)is to be fixed;
(ii)is to vary in accordance with the Index;
(iii)is to increase yearly by a specified percentage;
(iv)where the authorised provider offers pensions which vary in accordance with an index of prices other than the Index, is to vary in accordance with the index specified in the notice; or
(v)is to be an Investment Linked Pension.”.
JOHN SWINNEY
A member of the Scottish Government
St Andrew’s House,
Edinburgh
25th February 2014
We consent
SAM GYIMAH
DAVID EVENNETT
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 2014