The Teachers' Superannuation (Additional Voluntary Contributions) (Scotland) Regulations 1992

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is to be construed as a reference to the regulation which bears that number in these Regulations, and any reference to a numbered paragraph in a regulation of or the Schedule to these Regulations is to be construed as a reference to the paragraph bearing that number in that regulation or, as the case may be, in the Schedule.

(2) In these Regulations references to the Taxes Act are references to the Income and Corporation Taxes Act 1988(1) and, subject to paragraph (5), references to the 1992 Regulations are references to the Teachers' Superannuation (Scotland) Regulations 1992(2).

(3) In these Regulations, unless the context otherwise requires,—

• “actuarial” has the meaning assigned to it by Schedule 1 to the 1992 Regulations;

• “approved scheme” means a retirement benefits scheme approved under Chapter I of Part XIV of the Taxes Act;

• “authorised provider” has the meaning assigned to it by section 9(6) of the Superannuation Act 1972;

• “cash equivalent” means a cash equivalent mentioned in paragraph 12(1) of Schedule 1A to the Social Security Pensions Act 1975(3);

• “contributor” is to be construed in accordance with regulation 8;

• “dependant” in relation to either a participator or a contributor means—

  (a)

  any surviving spouse,

  (b)

  any person who is a child of the participator or contributor, “child” being construed in accordance with regulation E21 of the 1992 Regulations, and

  (c)

  any person in respect of whom at the time of death of the participator or the contributor a nomination under regulation E22 of the 1992 Regulations has effect;

• “free-standing additional voluntary contributions scheme” means an approved scheme which falls within section 591(2)(h) of the Taxes Act;

• “the Index” means the index of retail prices published by the Department of Employment;

• “lump sum death benefit” means a lump sum which will become payable in the event of a person dying while paying periodical contributions to provide for it;

• “participator” means a contributor who has elected to provide benefits under regulation 12 or a person who has ceased to be a contributor but has not exercised any right to take a cash equivalent or to be paid a lump sum under regulation 15;

• “pension element” has the meaning given by regulation 5(2);

• “pensionable employment” shall be construed in accordance with Part B of the 1992 Regulations;

• “periodical contributions” means regular contributions which a person has elected to pay under regulation 4(1);

• “personal pension scheme” means a scheme approved under Chapter IV of Part XIV of the Taxes Act;

• “reckonable service” shall be construed in accordance with Part D of the 1992 Regulations;

• “retire” means become entitled under regulation E5 of the 1992 Regulations to payment of retiring allowances; and cognate expressions are to be construed accordingly;

• “retirement benefits scheme” has the meaning given in section 611 of the Taxes Act;

• “retirement pension” has the meaning given by regulation 12(2);

• “salary” means—

  (a)

  in relation to pensionable employment, the salary calculated in accordance with regulation C1 of the 1992 Regulations, and

  (b)

  in relation to contributions payable under regulation C8 of the 1992 Regulations, the salary determined in accordance with the provisions of that regulation for the purposes of calculating the said contributions;

• “tax year” means the 12 months beginning with 6th April in any year.

(4) Subject to the provisions of this regulation and except where the context otherwise requires, other expressions in these Regulations have the same meaning as in the 1992 Regulations.

(5) In the application of these Regulations to any time before 31st March 1992, unless the context otherwise requires, any reference to the 1992 Regulations or to any provision of them shall be construed as a reference to the Teachers' Superannuation (Scotland) Regulations 1977(4) or to the corresponding provision of those Regulations.

(1)

1988 c. 1.

(2)

S.I.1992/280 as amended by S.I. 1992/1025 and 1992/1597.

(3)

1975 c. 60; Schedule 1A was inserted by the Social Security Act 1985 (c. 53), Schedule 1, paragraph 3, and paragraph 12(1) amended by the Social Security Act 1990 (c. 27), Schedule 4, paragraph 5(4)(c)(iii) and Schedule 7.

(4)

S.I. 1977/1360, amended by S.I. 1977/1808, 1978/1507, 1980/344, 1983/639 and 1431, 1984/2028, 1988/1618, 1989/666, 1990/383.