The Teachers’ Pensions Schemes (Amendment) Regulations 2025

This Statutory Instrument corrects errors in SI 2014/512 and SI 2023/871 and is being issued free of charge to all known recipients of those Statutory Instruments.

Statutory Instruments

2025 No. 284

Public Service Pensions, England And Wales

Education, England And Wales

The Teachers’ Pensions Schemes (Amendment) Regulations 2025

Made

6th March 2025

Laid before Parliament

10th March 2025

Coming into force

1st April 2025

The Secretary of State makes these Regulations in exercise of the powers in—

(a) section 9(1) and (2)(a) of, and paragraph 4 of Schedule 3 to, the Superannuation Act 1972 (“the 1972 Act”)(1),

(b) sections 1(1) and (2)(d), 2 and 3(1), (2)(a) and (3)(b) of, and paragraph 4(a) of Schedule 2 and paragraphs 1 and 9(a), (b) and (c) of Schedule 3 to, the Public Service Pensions Act 2013 (“the 2013 Act”)(2), and

(c) sections 10(1), 11(5)(d) and 19(1) of the Public Service Pensions and Judicial Offices Act 2022(3).

The Secretary of State has consulted the persons referred to in section 9(5) of the 1972 Act and section 22(3) of the 2013 Act. In accordance with section 22(2)(b) of the 2013 Act, the Secretary of State has laid a report before Parliament.

The retrospective provision contained in these Regulations does not appear to the Secretary of State to have significant adverse effects in relation to the pension payable to or in respect of members of the scheme established by the Teachers’ Pension Scheme Regulations 2014(4), nor to have significant adverse effects in any other way in relation to members of the scheme. Accordingly, the procedures set out in section 23 of the 2013 Act are not applicable in respect of these Regulations.

In accordance with section 9(1) of the 1972 Act, and section 3(5) of the 2013 Act, these Regulations are made with the consent of the Treasury(5).

Citation, extent and commencement

1.  These Regulations—

(a) may be cited as the Teachers’ Pensions Schemes (Amendment) Regulations 2025,

(b) extend to England and Wales, and

(c) come into force on 1st April 2025.

Amendment of the Teachers’ Pensions Regulations 2010

2.—(1) The Teachers’ Pensions Regulations 2010(6) are amended in accordance with paragraph (2).

(2) In Schedule 2, in paragraph 17, in sub-paragraph (a), for “Diocesan Boards of Education Measure 1991” substitute “Diocesan Boards of Education Measure 2021(7)”.

Amendment of the Teachers’ Pension Scheme Regulations 2014

3.  The Teachers’ Pension Scheme Regulations 2014(8) are amended in accordance with regulations 4 to 8.

Amendment to regulation 185 (members’ contributions)

4.  In regulation 185, in the table, for column 2 substitute—

Column 2 Members’ contributions rate
7.4%
8.9%
9.9%
10.5%
11.6%
12%

Amendments to regulation 196 (payment by employers to scheme manager)

5.  In regulation 196, in paragraph (4)—

(a) in the opening words, for “7” substitute “15”;

(b) in sub-paragraph (a), for “8th” substitute “16th”.

Amendments to Part 1 of Schedule 1 (general)

6.—(1) In Chapter 2 of Part 1 of Schedule 1 (Fair Deal transfers)—

(a) in paragraph 4, for the definition of “contracting scheme employer” substitute—

““contracting scheme employer” means an employer mentioned in any of the following paragraphs, who is a party to a Participation Agreement—

(a)

paragraph 2(3)(b) (establishment providing further education constituted by an amalgamation of establishments),

(b)

paragraph 9(c) (governing body of a school maintained by a local authority),

(c)

paragraph 9(d), excluding institutions providing higher education only (institution providing further education, or further education and higher education, maintained by a local authority),

(d)

paragraph 10 (academy)(9),

(e)

paragraph 13 (special school not maintained by a local authority)(10),

(f)

paragraph 14, excluding institutions providing higher education (governing body of an institution within the further education sector to which grants are made)(11), or

(g)

paragraph 24 (institution for the further education and training of disabled persons);”;

(b) in paragraph 6(a)—

(i) omit “with a contracting scheme employer”;

(ii) for “fair deal transfer date” substitute “Fair Deal transfer date”.

(2) The amendments made by paragraph (1)(a) and (b)(i) have effect from 14th November 2024.

Amendment to Part 2 of Schedule 1 (service pensionable without election)

7.  In Part 2 of Schedule 1, after paragraph 22 insert—

“22A.   Teacher employed by the National Institute of Teaching(12).”.

Amendment to Part 3 of Schedule 1 (service pensionable on election)

8.  In Part 3 of Schedule 1, in paragraph 26(a), for “Diocesan Boards of Education Measure 1991” substitute “Diocesan Boards of Education Measure 2021”.

Amendment of the Teachers’ Pension Scheme (Remediable Service) Regulations 2023

9.  The Teachers’ Pension Scheme (Remediable Service) Regulations 2023(13) are amended in accordance with regulations 10 and 11.

Amendment to regulation 13 (deferred choice decision to be made by M)

10.  In regulation 13(5)(b), for “paragraph (3)” substitute “paragraph (2)”.

Amendments to regulation 19 (meaning of “alternative amount”)

11.  In regulation 19—

(a) in paragraph (1)(a), for paragraph (i) substitute—

“(i) where the initial amount was determined under section 29(2) of WRPA 1999 in relation to a percentage value to be transferred from the initial scheme, the amount that would have been determined had the remediable relevant benefits been secured in the alternative scheme and the same percentage value been applied under section 29(2) of WRPA 1999 on the valuation day;”;

(b) in paragraph (3), omit the definition “relevant percentage value”.

Catherine McKinnell

Minister of State

Department for Education

6th March 2025

We consent

Taiwo Owatemi

Vicky Foxcroft

Two of the Lords Commissioners of His Majesty’s Treasury

4th March 2025

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Teachers’ Pensions Regulations 2010 (“the 2010 Regulations”), the Teachers’ Pension Scheme Regulations 2014 (“the 2014 Regulations”) and the Teachers’ Pension Scheme (Remediable Service) Regulations 2023 (“the 2023 Regulations”).

The 2010 Regulations

Regulation 2 replaces the reference to the “Diocesan Boards of Education Measure 1991” in paragraph 17(a) of Schedule 2 to the 2010 Regulations with a reference to the “Diocesan Boards of Education Measure 2021”.

The 2014 Regulations

Regulation 4 makes changes to members’ contribution rates in the table in regulation 185 of the 2014 Regulations. As members’ contribution rates are “protected elements” of the scheme under section 22 of the Public Service Pensions Act 2013 (c. 25), the Secretary of State has laid a report in Parliament explaining why changes have been made in the protected period (28th February 2014 to 31st March 2040).

Regulation 5 amends regulation 196 of the 2014 Regulations to change the day on which employers must pay the scheme manager contributions and interest relating to a person’s pensionable earnings.

Regulation 6 amends paragraph 4 of Schedule 1 (relating to Fair Deal transfers) to expand the definition of “contracting scheme employer” to include certain further education establishments. Regulation 6 also amends the definition of “accepted employer” in paragraph 6 of Schedule 1 to remove the requirement that an employer to whom an accepted member is transferring must be in a contract for services with an employer from whom that accepted member is transferring. These amendments have effect on and after 14 November 2024 notwithstanding that the Regulations come into force after that date. The power to make retrospective provision is set out in section 3(3)(b) of the Public Service Pensions Act 2013.

Regulations 7 and 8 add the National Institute of Teaching to the list of eligible employment in Schedule 1 and replace the reference to the “Diocesan Boards of Education Measure 1991” in paragraph 26(a) of Schedule 1 with the “Diocesan Boards of Education Measure 2021”.

The 2023 Regulations

Regulation 10 corrects a cross-reference in regulation 13 of the 2023 Regulations. Regulation 11 removes the definition of “relevant percentage value” and amends the definition of “alternative amount” in regulation 19 of the 2023 Regulations. This is to clarify that where a relevant pension sharing order that does not relate to mixed service (as described in regulation 18(3)) specifies a percentage value in relation to the initial scheme, the alternative amount calculated under regulation 19(1)(a)(i) can only ever be the amount that would have been determined had the remediable relevant benefits been secured in the alternative scheme and the same percentage value been applied under section 29(2) of the Welfare and Reform Pensions Act 1999 (c. 30) on the valuation day.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen.

(1)

1972 c. 11. Section 9(1) was amended by section 11 of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7). See section 1(1) of the 1972 Act for the meaning of “Minister” and section 9(6) of the 1972 Act for the meaning of “teachers”.

(2)

2013 c. 25. Section 3(1) was amended by section 94 of the Public Service Pensions and Judicial Offices Act 2022 (c. 7). See section 1(4) of the 2013 Act for the meaning of “scheme regulations” and paragraph 4 of Schedule 1 to the 2013 Act for the meaning of “teachers”.

(3)

2022 c. 7. See section 11(8) for the meaning of “an election” and sections 19(2) and (3) for the meaning of “relevant pension credit member” and “the corresponding pension debit member”.

(4)

S.I. 2014/512.

(5)

The functions of the Minister for the Civil Service under section 9 of the 1972 Act were transferred to the Treasury by article 2 of S.I. 1981/1670.

(6)

S.I. 2010/990.

(7)

2021 No.1.

(8)

S.I. 2014/512; amended by S.I. 2014/2652; there are other amending instruments but none is relevant.

(9)

Paragraph 10 was amended by S.I. 2014/2652.

(10)

Paragraph 13 was amended by S.I. 2021/805.

(11)

Paragraph 14 was substituted by S.I. 2019/1027.

(12)

The National Institute of Teaching is a specialist teacher development provider in England established in 2022 by the School-Led Development Trust, a charitable company limited by guarantee (company number 13429740).

(13)

S.I. 2023/871.