The Teachers' Pension Scheme Regulations 2014

1. Introductory Text

2. PART 1 Preliminary

   1. 1. Citation, extent and commencement

   2. 2. Establishment of Teachers' Pension Scheme 2015

   3. 3. Interpretation

   4. 4. Connected schemes

   5. 5. Leaving pensionable service

   6. 6. Leaving eligible employment

3. PART 2 Governance

   1. 7. Scheme manager

   2. 8. Establishment of pension board

   3. 9. Membership of pension board

   4. 10. Conflict of interest

   5. 11. Establishment of scheme advisory board

   6. 12. Membership of scheme advisory board

   7. 13. Conflict of interest

4. PART 3 Scheme membership

   1. CHAPTER 1 Interpretation

      1. 14. Meaning of “an eligible employment”

      2. 15. Meaning of “P's automatic enrolment date” and “P's automatic re-enrolment date”

      3. 16. Meaning of “full-time” and “part-time” employment

      4. 17. Meaning of “irregular employment”

      5. 18. Meaning of “opt-out notice” and “opt-in notice”

   2. CHAPTER 2 Membership

      1. 19. Eligibility for active membership

      2. 20. More than one employment

      3. 21. Dual capacity membership

      4. 22. Payment of retirement benefits to dual capacity members

   3. CHAPTER 3 Pensionable service

      1. SECTION 1 General provisions

         1. 23. Service not pensionable unless member is entitled to pay

         2. 24. Service not pensionable unless members' contributions are paid

      2. SECTION 2 Service in Her Majesty's armed forces

         1. 25. Pensionable service – armed forces service

         2. 26. Election for armed forces service to be pensionable

      3. SECTION 3 Pensionable service on or after automatic enrolment date

         1. 27. Pensionable service on or after automatic enrolment date

         2. 28. Opting out of this scheme after automatic enrolment date

         3. 29. Opting into this scheme after automatic enrolment date

      4. SECTION 4 Pensionable service before automatic enrolment date

         1. 30. Pensionable service before automatic enrolment date

         2. 31. Opting out of this scheme before automatic enrolment date

         3. 32. Opting into this scheme before automatic enrolment date

   4. CHAPTER 4 Pensionable earnings

      1. 33. Interpretation

      2. 34. Pensionable earnings for school teachers

      3. 35. Pensionable earnings for other members

      4. 36. Amounts not forming part of pensionable earnings

      5. 37. Application for residential benefits in kind to form part of pensionable earnings

      6. 38. Money value of residential benefits in kind to form part of pensionable earnings

      7. 39. Pensionable earnings for the purpose of accruing benefits

   5. CHAPTER 5 Annual rate of pensionable earnings for multiple employments

      1. 40. Multiple regular full-time or part-time employments

      2. 41. Multiple employments including at least one irregular employment

5. PART 4 Pension accounts

   1. CHAPTER 1 Interpretation

      1. 42. Interpretation

      2. 43. Pensionable service

      3. 44. Meaning of “leaver index adjustment”

      4. 45. Meaning of “leaver PIA index adjustment”

   2. CHAPTER 2 Calculation of accrued pension

      1. 46. Calculation of amount of accrued pension for purposes of deferment or full retirement

      2. 47. Calculation of amount of accrued pension for purpose of phased retirement

   3. CHAPTER 3 Pension accounts: general

      1. 48. Establishment of pension accounts: general

      2. 49. Closure of pension accounts on transfer out or repayment of balance of contributions

   4. CHAPTER 4 Active member's account

      1. 50. Establishment of active member's account

      2. 51. Receipt of transfer values

      3. 52. Receipt of club transfer values

      4. 53. Account to specify amount of pension for a financial year

      5. 54. Account to specify opening balance and index adjustment

      6. 55. Ill-health pension ceases to be payable

      7. 56. Phased retirement pension ceases to be payable

   5. CHAPTER 5 Additional pension account

      1. 57. Establishment of additional pension account

      2. 58. Account to specify amount of additional pension

      3. 59. Account to specify opening balance and PIA index adjustment

      4. 60. Ill-health pension ceases to be payable

      5. 61. Phased retirement pension ceases to be payable

   6. CHAPTER 6 Deferred member's account

      1. 62. Establishment of deferred member's account

      2. 63. Account to specify amount of accrued earned pension and leaver index adjustment

      3. 64. Deferred member's account closed after break not exceeding 5 years

      4. 65. Deferred member's account closed after service under another public service scheme

      5. 66. Deferred member's account remains open after a gap in service of more than 5 years

      6. 67. Deferred member's account established after ill-health pension ceases to be payable

      7. 68. Deferred member's account established after phased retirement pension ceases to be payable

   7. CHAPTER 7 Pensioner members' accounts

      1. SECTION 1 Interpretation

         1. 69. Meaning of “full retirement earned pension”

         2. 70. Meaning of “full retirement additional pension”

         3. 71. Meaning of “phased retirement earned pension”

         4. 72. Meaning of “phased retirement additional pension”

         5. 73. Meaning of “standard reduction”

         6. 74. Meaning of “actuarial adjustment”

         7. 75. Meaning of “conversion amount”

      2. SECTION 2 Establishment of pensioner members' accounts

         1. 76. Pension accounts for active or deferred members who become pensioner members

         2. 77. Pension accounts for phased retirement members

      3. SECTION 3 Closure of accounts

         1. 78. Ill-health pension ceases to be payable

         2. 79. Phased retirement pension ceases to be payable

   8. CHAPTER 8 Pension credit member's pension account

      1. 80. Pension credit member's pension account

      2. 81. Separate account for each capacity of membership

6. PART 5 Retirement benefits for teachers

   1. CHAPTER 1 Interpretation

      1. 82. Qualifying for retirement benefits

      2. 83. Re-qualifying for retirement benefits in respect of post-benefit service

      3. 84. Payment of retirement benefits for post-benefit service

   2. CHAPTER 2 Age retirement

      1. 85. Meaning of “entitlement day” (age retirement pension)

      2. 86. Entitlement to age retirement pension

      3. 87. Annual rate of age retirement pension

      4. 88. Arrears of pension payable to deferred member who becomes pensioner member after reaching normal pension age

   3. CHAPTER 3 Phased retirement

      1. 89. Interpretation of Chapter

      2. 90. The reduced annual rate condition

      3. 91. The new employment condition

      4. 92. Meaning of “entitlement day” (phased retirement pension)

      5. 93. Entitlement to phased retirement pension

      6. 94. Phased retirement applications

      7. 95. Phased retirement proportion

      8. 96. Annual rate of phased retirement pension

      9. 97. Cessation of phased retirement pension

      10. 98. Subsequent phased retirement applications

   4. CHAPTER 4 Premature retirement

      1. 99. Interpretation of “pensionable service”

      2. 100. Meaning of “entitlement day” (premature retirement pension)

      3. 101. Entitlement to premature retirement pension

      4. 102. Annual rate of premature retirement pension

   5. CHAPTER 5 Early retirement

      1. 103. Meaning of “entitlement day” (early retirement pension)

      2. 104. Entitlement to early retirement pension

      3. 105. Annual rate of early retirement pension

   6. CHAPTER 6 Ill-health retirement

      1. SECTION 1 General

         1. 106. Interpretation

         2. 107. Incapacity definitions

         3. 108. Ill-health applications

      2. SECTION 2 Ill-health pension

         1. 109. Entitlement day for ill-health pension

         2. 110. Entitlement to ill-health pension

         3. 111. No entitlement to ill-health pension

         4. 112. When ill-health pension does not become payable

         5. 112A. When ill-health pension is taken to become payable before death of member: commutation of whole pension (serious ill-health)

         6. 113. Annual rate of ill-health pension

         7. 114. When ill-health pension ceases to be payable

      3. SECTION 3 Total incapacity pension

         1. 115. Meaning of “entitlement day” (total incapacity pension)

         2. 116. Entitlement to total incapacity pension

         3. 117. Annual rate of total incapacity pension

         4. 118. Cessation of total incapacity pension

   7. CHAPTER 7 Short-service serious ill-health grant

      1. 119. Application for payment of grant

      2. 120. Meaning of “entitlement day” (short-service serious ill-health grant)

      3. 121. Entitlement to short-service serious ill-health grant

      4. 122. Amount of grant

   8. CHAPTER 8 Short-service annuity for post-benefit service

      1. 123. Meaning of “entitlement day” (short-service annuity)

      2. 124. Entitlement to short-service annuity

      3. 125. Annual rate of short-service annuity

7. PART 6 Survivor's benefits

   1. CHAPTER 1 General interpretation

      1. 126. General

      2. 127. Meaning of “dies in service”

      3. 128. Meaning of “dies out of service”

      4. 129. Meaning of “dies as a pensioner member”

      5. 130. When a retirement pension does not become payable

      6. 131. Payment of survivor benefits for post-benefit service

      7. 132. Death of a dual capacity member

   2. CHAPTER 2 Specific interpretation

      1. 133. Meaning of “death grant beneficiary”

      2. 134. Meaning of “surviving adult”

      3. 135. Surviving qualifying partner

      4. 136. Meaning of “surviving nominated beneficiary”

      5. 137. Meaning of “eligible child”

   3. CHAPTER 3 Death grant

      1. SECTION 1 General

         1. 138. Payment of death grant

      2. SECTION 2 Death in service

         1. 139. Death in service grant

      3. SECTION 3 Death out of service

         1. 140. Death out of service grant

         2. 141. Supplementary death grant payable on death of pensioner member

         3. 141A. Pension protection lump sum death benefit

   4. CHAPTER 4 Surviving adult pensions

      1. 142. Surviving adult pensions

      2. 143. Annual rate of surviving adult pension: short-term

      3. 144. Annual rate of surviving adult pension: long-term

      4. 145. Enhancement of surviving adult pension

   5. CHAPTER 5 Additional (surviving adult) pensions

      1. 146. Additional pensions for surviving adults

      2. 147. Annual rate of additional (surviving adult) pension: short-term

      3. 148. Annual rate of additional (surviving adult) pension: long-term

   6. CHAPTER 6 Child pensions

      1. 149. Entitlement to child pension

      2. 150. Annual rate of child pension: short-term

      3. 151. Annual rate of child pension: long-term

      4. 152. Enhancement of child pension

8. PART 7 Benefits for pension credit members

   1. CHAPTER 1 General

      1. 153. Interpretation

   2. CHAPTER 2 Pension credit retirement pension

      1. 154. Entitlement day for pension credit retirement pension

      2. 155. Entitlement to pension credit retirement pension

      3. 156. Annual rate of pension credit retirement pension

   3. CHAPTER 3 Death grant

      1. 157. Meaning of death grant beneficiary

      2. 158. Death grant: death of pension credit member before pension becomes payable

      3. 159. Death grant: death of pension credit member after benefits payable

      4. 160. Payment of death grant

9. PART 8 Payment of benefits

   1. CHAPTER 1 Application for payment of benefits

      1. 161. Benefits payable by the scheme manager

      2. 162. Application for payment of benefits

   2. CHAPTER 2 Payment of pensions

      1. 163. Interpretation

      2. 164. Monthly payment of pension

      3. 165. Quarterly payment of pension

      4. 166. Apportionment Act 1870 not to apply

   3. CHAPTER 3 Payment of lump sums

      1. 167. Member declaration

      2. 168. Conversion of part of pension

      3. 169. Amount of lump sum payable under regulation 168

      4. 170. Conversion amount

      5. 171. Commutation of whole pension (serious ill-health)

      6. 172. Amount of lump sum payable under regulation 171 instead of retirement pension

      7. 173. Amount of lump sum payable under regulation 171 instead of a pension credit retirement pension

      8. 174. Commutation: small pensions

   4. CHAPTER 4 Continuing entitlement to benefit

      1. 175. Evidence of continuing entitlement to benefit

      2. 176. Cessation of benefits where no entitlement

   5. CHAPTER 5 Miscellaneous

      1. 177. Recovery of overpayment of benefits

      2. 178. Interest on late payment of benefits

      3. 179. Payment of benefits in certain cases

      4. 180. Benefits not assignable

      5. 181. Forfeiture of benefits

      6. 182. Reduction of benefits: annual allowance and lifetime allowance charge

      7. 183. General prohibition on unauthorised payments

10. PART 9 Contributions

    1. CHAPTER 1 Interpretation of Part

       1. 184. Pensionable earnings for a pay period

    2. CHAPTER 2 Members' contributions

       1. 185. Members' contributions

       2. 186. Contributions under Schedule 2

       3. 187. Contributions payable during a period of permanent service in the armed forces

    3. CHAPTER 3 Repayment of members' contributions after short-service

       1. 188. Meaning of “entitlement day” (repayment of balance of contributions)

       2. 189. Entitlement to repayment of balance of contributions

       3. 190. Application for repayment of balance of contributions

       4. 191. Calculation of balance of contributions

    4. CHAPTER 4 Employers' contributions

       1. 192. Employers' contributions

    5. CHAPTER 5 Deduction and payment of contributions

       1. 193. Deduction of contributions from pensionable earnings

       2. 194. Deductions not made before an employment ends

       3. 195. Recovery of unpaid contributions from benefits

       4. 196. Payment by employers to scheme manager

11. PART 10 Transfers

    1. CHAPTER 1 Preliminary

       1. 197. Application of Part

       2. 198. Interpretation of Part

    2. CHAPTER 2 Transfers on a cash equivalent basis

       1. SECTION 1 Application of Chapter

          1. 199. Application of Chapter

       2. SECTION 2 Transfers out

          1. 200. Application of this Section

          2. 201. Application for a statement of entitlement

          3. 202. Application for payment of a transfer value

          4. 203. Payment of a transfer value

       3. SECTION 3 Transfers in

          1. 204. Application for acceptance of a transfer value

          2. 205. Acceptance of a transfer value

          3. 206. Amount of transferred pension

    3. CHAPTER 3 Club transfers

       1. SECTION 1 Application of Chapter

          1. 207. Application of Chapter

       2. SECTION 2 Transfers out

          1. 208. Application of this Section

          2. 209. Application for a club transfer statement of entitlement

          3. 210. Application for payment of a club transfer value

          4. 211. Payment of a club transfer value

       3. SECTION 3 Transfers in

          1. 212. Application for acceptance of a club transfer value

          2. 213. Acceptance of a club transfer value

          3. 214. Amount of club transfer earned pension

    4. CHAPTER 4 Making a bulk transfer payment

       1. 215. Application of Chapter

       2. 216. Making a bulk transfer payment

    5. CHAPTER 5 Accepting a bulk transfer payment

       1. 217. Application of Chapter

       2. 218. Accepting a bulk transfer payment

12. PART 11 Miscellaneous and supplemental

    1. 219. Employment records

    2. 220. Information and documents

    3. 221. Provision of benefit information statements to members

    4. 222. Extension of time

    5. 223. Guaranteed minimum pension

    6. 224. Transitional provisions

    7. 225. Scheme valuation and employer cost cap

13. Signature

14. 1. SCHEDULE 1

       Eligible employment

       1. PART 1 General

          1. CHAPTER 1 Interpretation

             1. 1. Interpretation

             2. 2. Meaning of “accepted school”

             3. 2A. Accepted phased withdrawal school

             4. 3. Accepted function providers

          2. CHAPTER 2 Fair Deal transfers

             1. 4. Interpretation

             2. 5. Meaning of “accepted member”

             3. 6. Meaning of “accepted employer”

             4. 7. Obligations of an accepted employer

             5. 8. Ceasing to be an accepted employer

       2. PART 2 Service pensionable without election

          1. 9. Teacher employed by— (a) a local authority in connection with...

          2. 10. Teacher employed— (a) in an Academy school, alternative provision Academy,...

          3. 11. Teacher employed by the proprietor of, or by anyone else...

          4. 11A. Accepted phased withdrawal member employed by the proprietor of, or...

          5. 12. Teacher employed by a function provider in connection with the...

          6. 13. Teacher employed by the proprietor of, or by anyone else...

          7. 14. Teacher employed by the governing body (as defined in section...

          8. 15. Teacher employed by a university established on or after 6th...

          9. 16. Teacher employed by the proprietor of— (a) a community home...

          10. 17. Teacher employed by a local authority or by a voluntary...

          11. 18. Teacher employed by the Secretary of State or the Welsh...

          12. 19. Teacher employed for the purpose of instructing, training or superintending...

          13. 20. Teacher employed by the Secretary of State in a European...

          14. 21. Organiser employed as a youth and community worker by a...

          15. 22. Teacher employed by the Field Studies Council.

          16. 23. An accepted member employed by an accepted employer.

       3. PART 3 Service pensionable on election

          1. 24. Teacher employed by the proprietor of an institution for the...

          2. 25. Teacher, supervisor or youth worker employed for the purposes of...

          3. 26. Organiser employed by— (a) a diocesan board of education established...

       4. PART 4 Service pensionable on election with employer consent

          1. 27. Teacher employed in, or in connection with, an establishment for...

          2. 28. Teacher employed by a person to whom grants are made...

          3. 29. Organiser employed by— (a) Sport England; (b) Sport Wales;

          4. 30. Organiser employed as a youth and community worker by a...

          5. 31. Organiser employed by— (a) Action for Blind People;

          6. 32. Teacher employed by a university who was employed by an...

          7. 33. Teacher or organiser employed by a body formerly falling within...

          8. 34. Teacher employed by the proprietor of, or anyone else concerned...

          9. 35. Teacher employed in the Lycée Français Charles de Gaulle de...

    2. SCHEDULE 2

       Scheme flexibilities

       1. PART 1 General

          1. 1. Interpretation of Schedule

          2. 2. Meaning of “amount of extra pension”

          3. 3. Meaning of “overall amount of extra pension”

          4. 4. Limit on elections

          5. 5. Actuarial advice

       2. PART 2 Additional pension election

          1. CHAPTER 1 Making an additional pension election

             1. 6. Election to pay contributions for additional pension

             2. 7. Annual rate of additional (self only) pension

             3. 8. Lump sum or monthly payments

             4. 9. Making an additional pension election

             5. 10. Accepting an additional pension election

          2. CHAPTER 2 Amount of additional pension contributions

             1. 11. Determination of contributions payable

          3. CHAPTER 3 Additional pension contributions paid by lump sum

             1. 12. Lump sum contributions: payment of contributions and credit of additional pension

             2. 13. Refund of lump sum contribution

          4. CHAPTER 4 Additional pension contributions by monthly payments

             1. 14. Application of Chapter

             2. 15. Payment of contributions

             3. 16. Member leaves all pensionable service before end of contributions payment period

             4. 17. Retirement pension (other than ill-health pension) becomes payable before end of contributions payment period

          5. CHAPTER 5 Revocation and refund

             1. 18. Revoking an additional pension election

             2. 19. Ill-health pension becomes payable before end of contributions payment period

             3. 20. Death in service before end of contributions payment period

             4. 21. Member leaves all pensionable service before qualifying for retirement benefits

       3. PART 3 Faster accrual election

          1. CHAPTER 1 Making the election

             1. 22. Faster accrual election

             2. 23. Making a faster accrual election

             3. 24. Accepting a faster accrual election

          2. CHAPTER 2 Payment of contributions

             1. 25. Determination of contributions payable

             2. 26. Payment of contributions

          3. CHAPTER 3 Revocation and refund

             1. 27. Revoking a faster accrual election

             2. 28. Member leaves all pensionable service before qualifying for retirement benefits

       4. PART 4 Election to buy out the standard reduction

          1. CHAPTER 1 Making a buy-out election

             1. 29. Eligible to make buy-out election

             2. 30. Making a buy-out election

             3. 31. Accepting a buy-out election

             4. 32. Determination of the buy-out value

          2. CHAPTER 2 Payment of buy-out contributions

             1. 33. Determination of contributions payable

             2. 34. Payment of buy-out contributions

             3. 35. Monthly payments during gap in service

          3. CHAPTER 3 Revocation and refund

             1. 36. Revoking a buy-out election

             2. 37. Member leaves all pensionable service before qualifying for retirement benefits

    3. SCHEDULE 3

       Transitional provisions

       1. PART 1 Interpretation

          1. 1. Interpretation

          2. 2. Active membership of the existing scheme

          3. 3. Gap in service after scheme closing date

          4. 4. Meaning of “tapered protection closing date”

          5. 5. Continuity of service

       2. PART 2 Exceptions for full protection members

          1. 6. Meaning of “full protection member”

          2. 7. Active members of the existing scheme

          3. 8. Active members of an existing public service scheme

          4. 9. Fair Deal members

          5. 10. Exception for full protection member during protection period

          6. 11. Exception for Fair Deal full protection member during protection period

          7. 12. Full protection member not eligible to join this scheme

       3. PART 3 Exceptions for tapered protection members

          1. 13. Meaning of “tapered protection member”

          2. 14. Active members of the existing scheme

          3. 15. Active members of an existing public service scheme

          4. 16. Fair Deal members

          5. 17. Exception for tapered protection members during protection period

          6. 18. Exception for Fair Deal tapered protection member during protection period

          7. 19. Tapered protection member not eligible to join this scheme

       4. PART 4 Transition members becoming active members of this scheme

          1. 20. Meaning of “transition member”

          2. 21. Active members of the existing scheme

          3. 22. Fair Deal members

          4. 23. Transition members with continuity of service

          5. 24. Transition members without continuity of service

       5. PART 5 Receipt of club transfer values

          1. 25. Application of Part

          2. 26. Member with full protection

          3. 27. Member with tapered protection or no protection

       6. PART 6 Bulk transfer payments for accepted members

          1. 28. Application of Part

          2. 29. Accepting a bulk transfer payment

       7. PART 7 Payment of benefits to transition members

          1. CHAPTER 1 General

             1. 30. Reaching normal pension age

             2. 31. Application of existing scheme regulations

             3. 32. Determination of final salary

             4. 33. Annual rate of pension

          2. CHAPTER 2 Application for payment of benefits

             1. 34. Application for payment of age retirement pension

             2. 35. Application for payment of phased retirement pension

             3. 36. Application for payment of premature retirement pension

             4. 37. Application for payment of early retirement pension

             5. 38. Application for payment of ill-health pension

             6. 38A. Transition member who has not reached normal pension age under the existing scheme

             7. 38B. Transition member in receipt of an ill-health pension who has reached normal pension age under the existing scheme

             8. 39. Entitlement to payment of total incapacity pension

             9. 39A. Calculation of retirement benefits after ill-health pension ceases to be payable: modification

             10. 39B. Reduction of ill-health pension and total incapacity pension

             11. 40. Entitlement to payment of a short-service serious ill-health grant

             12. 41. Application for payment of a surviving adult pension

             13. 41A. Calculation of a short-term surviving adult pension of a surviving adult of a transition member

             14. 41B. Long-term rate of a surviving adult pension of a surviving adult of a transition member

             15. 41C. Reduction of surviving adult pension

             16. 42. Application for payment of an additional (surviving adult) pension

             17. 43. Application for payment of a child pension

             18. 43A. Calculation of a short-term child pension of an eligible child of a transition member

             19. 43B. Rate of a long-term child pension of an eligible child of a transition member

             20. 43C. Reduction of child pension

             21. 44. Application for payment of a death in service grant

             22. 45. Application for payment of a death out of service grant

             23. 46. Application for supplementary death grant

             24. 47. Application for payment of benefits for pension credit members

       8. PART 8 Provision in relation to the existing scheme

          1. 48. Election for employment not to be pensionable in relation to existing scheme continues to have effect

          2. 49. Qualifying for retirement benefits under the existing scheme

          3. 50. Repayment of balance of contributions

          4. 51. Residential emoluments

          5. 52. Transfer payments in respect of the existing scheme

          6. 53. Nomination continues to have effect

          7. 54. Election to pay contributions by a person serving in a reserve force

          8. 55. Commutation: small pensions

    4. SCHEDULE 4

       Scheme valuation and employer cost cap

       1. 1. Scheme valuation report

       2. 2. Employer cost cap

       3. 3. Breach of employer cost cap margins

       4. 4. Teachers’ Pension Scheme Advisory Board report

       5. 5. Action by the responsible authority

       6. 6. Timescale for action

15. Explanatory Note