Chwilio Deddfwriaeth

The Teachers' Pension Scheme Regulations 2014

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: PART 1

 Help about opening options

Version Superseded: 06/04/2024

Status:

Point in time view as at 01/08/2021.

Changes to legislation:

There are currently no known outstanding effects for the The Teachers' Pension Scheme Regulations 2014, PART 1 . Help about Changes to Legislation

PART 1 E+WPreliminary

Citation, extent and commencementE+W

1.—(1) These Regulations—

(a)may be cited as the Teachers' Pension Scheme Regulations 2014; and

(b)extend to England and Wales.

(2) These Regulations come into force as follows—

(a)this Part and Part 2 come into force on 1st April 2014;

(b)the remaining provisions come into force on 1st April 2015.

Establishment of Teachers' Pension Scheme [F12015] E+W

2.—(1) These Regulations establish a scheme for the payment of pensions and other benefits to or in respect of teachers in England and Wales.

(2) For the purpose of these Regulations, a person in an eligible employment is a teacher.

(3) This scheme is to be known as the Teachers' Pension Scheme [F22015].

InterpretationE+W

3.  In these Regulations—

the Act” means the Public Service Pensions Act 2013;

EA 2002” means the Education Act 2002 M1;

FA 2004” means the Finance Act 2004 M2;

PA 1995” means the Pensions Act 1995 M3;

PA 2008” means the Pensions Act 2008 M4;

PIA 1971” means the Pensions (Increase) Act 1971 M5;

PSA 1993” means the Pension Schemes Act 1993 M6;

WRPA 1999” means the Welfare Reform and Pensions Act 1999 M7;

accepted member” has the meaning given in Part 1 of Schedule 1;

accrual rate” means the fraction of pensionable earnings that accrue as earned pension for a financial year;

“accrued additional pension”—

(a)

for the purpose of a full retirement pension, has the meaning given in regulation 46;

(b)

for the purpose of a phased retirement pension, has the meaning given in regulation 47;

“accrued club transfer earned pension”—

(a)

for the purpose of a full retirement pension, has the meaning given in regulation 46;

(b)

for the purpose of a phased retirement pension, has the meaning given in regulation 47;

“accrued earned pension”—

(a)

for the purpose of a full retirement pension, has the meaning given in regulation 46;

(b)

for the purpose of a phased retirement pension, has the meaning given in regulation 47;

accrued pension” means—

(a)

accrued earned pension;

(b)

accrued club transfer earned pension (if any); and

(c)

accrued additional pension (if any);

accrued rights” does not include a right to benefits attributable (directly or indirectly) to a pension credit;

active member”, in relation to this scheme, means a person who is in pensionable service under this scheme;

active member's account” has the meaning given in regulation 50;

actuarial”, in relation to a calculation or value, means determined by, or in accordance with tables or guidance prepared by, the scheme actuary;

actuarial adjustment” has the meaning given in Chapter 7 of Part 4;

F3...

additional pension” means—

(a)

additional (self only) pension; or

(b)

additional (surviving adult) pension;

additional pension account” has the meaning given in Chapter 5 of Part 4;

additional pension contributions” has the meaning given in Part 1 of Schedule 2;

additional pension election” has the meaning given in Part 1 of Schedule 2;

additional (self only) pension” means an additional pension payable to a pensioner member;

additional (surviving adult) pension” means an additional pension payable to the member's surviving adult after the member has died;

adoption leave” has the meaning given in regulation 2(1) of the Paternity and Adoption Leave Regulations 2002 M8;

age retirement pension” means a pension payable under Chapter 2 of Part 5;

amount of credited pension” has the meaning given in regulation 80(3);

annual amount of pensionable earnings”, in relation to any year, means the amount of pensionable earnings payable in that year;

annual rate of pensionable earnings” means—

(a)

for a member who is in pensionable service in relation to one full-time employment only, the annual rate of pensionable earnings for that employment;

(b)

for a member who is in pensionable service in relation to one part-time employment only, the annual rate of pensionable earnings that would be payable if that employment were a full-time employment;

(c)

for a member who is in pensionable service in relation to one irregular employment only, the annual rate of pensionable earnings that would be payable if that employment were a full-time employment; and

(d)

for a member who is in pensionable service in relation to more than one employment, the member's full-time equivalent annual rate of pensionable earnings calculated under Chapter 5 of Part 3;

F4...

balance of contributions” means the amount of contributions repayable under regulation 189;

buy-out contributions” has the meaning given in Part 1 of Schedule 2;

cash transfer sum” has the meaning given in section 101AB of PSA 1993 M9;

child pension” means a pension payable under regulation 149;

club scheme” means a registered occupational pension scheme (other than a connected scheme) that has agreed to make and receive transfer value payments under the club transfer arrangements;

club transfer” means a transfer to or from this scheme under the club transfer arrangements;

club transfer arrangements” means arrangements approved by the scheme manager as providing reciprocal arrangements between this scheme and other registered occupational pension schemes for making and receiving transfer value payments;

club transfer earned pension” means pension attributable to the receipt of a club transfer value;

club transfer value”, in relation to earned pension accrued under this scheme or under another club scheme, has the meaning given in Part 10 (transfers);

conversion amount” has the meaning given in regulation 75;

connected scheme” has the meaning given in regulation 4;

continuity of service”, in relation to a transition member, has the meaning given in Part 1 of Schedule 3;

contributions equivalent premium” means a premium under section 55(2) of PSA 1993;

contracting scheme employer” has the meaning given in Part 1 of Schedule 1;

death grant” means a death grant under Part 6;

deferred member”, in relation to this scheme, means a person (other than an active member or pensioner member of this scheme) who has accrued rights under this scheme;

deferred member's account” has the meaning given in Chapter 6 of Part 4;

dual capacity member” has the meaning given in regulation 21;

early retirement pension” means a pension payable under regulation 104;

earned pension” means pension calculated by reference to a member's pensionable earnings;

eligible child” has the meaning given in regulation 137;

eligible employment” has the meaning given in Part 3;

employed” means employed under a contract of employment;

“employer”, for a person employed by the governing body of a school maintained by a local authority, means—

(a)

the local authority; or

(b)

for the purpose of an additional pension election, the local authority and the governing body;

employment” means employment under a contract of employment;

entitlement day”, in relation to a benefit payable under a Chapter in Part 5, has the meaning given in that Chapter;

F5...

existing Fair Deal arrangements” has the meaning given in Part 1 of Schedule 3;

an existing club scheme” means a registered occupational pension scheme which belonged to the transfer club on the scheme closing date;

an existing scheme” means an existing scheme as defined in section 18(2) of the Act;

the existing scheme” means the scheme constituted by regulations made under section 9 of the Superannuation Act 1972 M10 (whether made before or after the coming into force of these Regulations);

[F6“the existing scheme regulations” means the Teachers’ Pension Regulations 2010;]

Fair Deal transfer” has the meaning given in Part 1 of Schedule 1;

Fair Deal transfer date” has the meaning given in Part 1 of Schedule 1;

faster accrual contributions” has the meaning given in Part 1 of Schedule 2;

faster accrual earned pension”, in relation to a financial year, means the amount of earned pension calculated by applying the faster accrual rate to the member's pensionable earnings for that year;

faster accrual election” has the meaning given in Part 1 of Schedule 2;

financial year” means the 12 months ending with 31st March in any year;

[F7“full protection member” has the meaning given in Part 2 of Schedule 3;]

full retirement additional pension” has the meaning given in regulation 70;

full retirement earned pension” has the meaning given in regulation 69;

full retirement pension” means—

(a)

a full retirement earned pension; and

(b)

a full retirement additional pension (if any);

full-time”, in relation to employment, has the meaning given in regulation 16(a);

function provider” has the meaning given in Part 1 of Schedule 1;

GMP age” means 65 in the case of a man or 60 in the case of a woman;

guaranteed minimum” means a guaranteed minimum under section 14 of PSA 1993;

guaranteed minimum pension” has the meaning given in section 8(2) of PSA 1993;

ill-health pension” means a pension payable under regulation 110;

ill-health retirement benefits” means—

(a)

an ill-health pension; and

(b)

a lump sum payable under regulation 168 in place of part of that pension;

incapacitated” has the meaning given in Chapter 6 of Part 5 (ill-health retirement);

index adjustment” means—

(a)

in relation to the opening balance of earned pension for any financial year (other than the opening balance of club transfer earned pension), means the percentage increase or decrease in prices specified in the Treasury order for the previous financial year, plus 1.6%; and

(b)

in relation to the opening balance of club transfer earned pension for any financial year, means the adjustment that would apply to the opening balance of that amount of earned pension under the sending scheme for the previous financial year;

initial payment” has the meaning given in regulation 164 or 165;

last active financial year” has the meaning given in regulation 46;

last day of pensionable service”, in relation to a member, means the day on which a member leaves all pensionable service;

leaver index adjustment” has the meaning given in Chapter 1 of Part 4;

leaver PIA index adjustment” has the meaning given in Chapter 1 of Part 4;

local authority” means—

(a)

a county council,

(b)

a metropolitan district council,

(c)

a non-metropolitan district council for an area for which there is no county council,

(d)

a county borough council (in Wales),

(e)

a London borough council,

(f)

the Common Council of the City of London,

(g)

the Council of the Isles of Scilly;

maternity leave” means ordinary maternity leave or additional maternity leave within the meaning of the Maternity and Parental Leave etc. Regulations 1999 M11;

member”, in relation to this scheme, means an active member, deferred member, pensioner member or pension credit member;

“members' contributions” means contributions payable under regulation 185(1) on pensionable earnings;

“members' contributions rate” has the meaning given in regulation 185;

non-pensionable family leave” means a period of adoption leave, maternity leave, parental leave, [F8shared parental leave [F9, parental bereavement leave] or] paternity leave or F10... during which the employee—

(a)

does not receive any statutory pay; and

(b)

is not paid a salary or is paid less than half the salary;

non-pensionable sick leave” means a period of sick leave taken by an employee with the consent of the employer, during which the employee—

(a)

does not receive any statutory pay; and

(b)

is not paid a salary or is paid less than half the employee's salary;

normal minimum pension age” has the same meaning as in section 279(1) of FA 2004;

“normal pension age”—

(a)

in relation to this scheme, is determined in accordance with section 10 of the Act; and

(b)

in relation to the existing scheme, has the meaning given in that scheme;

occupational pension scheme” has the meaning given in section 1 of PSA 1993;

opening balance”, in relation to earned pension or transferred pension, has the meaning given in regulation 54;

opening balance”, in relation to additional pension, has the meaning given in regulation 59;

[F11“parental bereavement leave” has the meaning given in regulation 3 of the Parental Bereavement Leave Regulations 2020;]

parental leave” means leave within the meaning of Part 3 of the Maternity and Parental Leave etc. Regulations 1999;

Participation Agreement” has the meaning given in Part 1 of Schedule 1;

part-time”, in relation to employment, has the meaning given in regulation 16(b);

paternity leave” means leave under regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002 M12;

pay order” means an order under section 122 of EA 2002, for the time being in force and includes any document referred to in such an order;

pay period”, in relation to the payment of a member's pensionable earnings, means the period in respect of which the payment is made;

pension credit” has the meaning given in Chapter 1 of Part 7 (benefits for pension credit members);

pension credit member” has the meaning given in Chapter 1 of Part 7;

pension credit member's account” has the meaning given in regulation 80;

pension credit retirement pension” has the meaning given in Chapter 1 of Part 7;

pension debit member” has the meaning given in Chapter 1 of Part 7;

pensionable earnings” has the meaning given in Chapter 4 of Part 3;

pensioner member”, in relation to this scheme, means a person who is entitled to payment of a retirement pension under this scheme;

pensioner member's account” has the meaning given in regulation 76;

pension-sharing order” means any provision or order specified in section 28 of WRPA;

period of permanent service”, in relation to service in the armed forces, has the meaning given in regulation 26;

permitted maximum” means the amount determined in accordance with paragraph 2 of Schedule 29 to FA 2004;

personal pension scheme” means a personal pension scheme as defined in section 1 of PSA 1993 that is a registered pension scheme;

phased retirement application” has the meaning given in Chapter 3 of Part 5;

phased retirement additional pension” has the meaning given in regulation 72;

phased retirement earned pension” has the meaning given in regulation 71;

phased retirement pension” means—

(a)

a phased retirement earned pension; and

(b)

a phased retirement additional pension (if any);

phased retirement proportion” means the proportion of accrued earned pension specified in a phased retirement application;

PIA index adjustment”, in relation to the opening balance of additional pension for any financial year, means the amount by which the annual rate of a pension of an amount equal to the opening balance would have been increased in that year under PIA 1971 if—

(a)

that pension were eligible to be so increased; and

(b)

the beginning date for that pension were the first day of the previous financial year;

post-benefit service” has the meaning given in regulation 83(3);

premature retirement pension” means a pension payable under regulation 101;

prospective normal pension age”, in relation to a member's prospective entitlement to benefits under this scheme, means the normal pension age that the scheme manager determines (by reference to Treasury directions made under section 11(2) of the Act) would apply in relation to those benefits;

protected member” has the meaning given in Part 1 of Schedule 3;

public service scheme” means a scheme under section 1 of the Act;

qualified”, in relation to retirement benefits payable under this scheme, has the meaning given in regulation 82;

registered”, in relation to a pension scheme, means registered under Chapter 2 of Part 4 of FA 2004;

re-qualified”, in relation to retirement benefits payable under this scheme, has the meaning given in regulation 83;

retirement benefits” means—

(a)

a retirement pension; and

(b)

any lump sum payable under regulation 168 in place of part of that pension;

retirement pension” means—

(a)

an age retirement pension;

(b)

a phased retirement pension;

(c)

a premature retirement pension;

(d)

an early retirement pension;

(e)

an ill-health pension;

(f)

a total incapacity pension;

salary” means gross salary payable under a contract of employment;

this scheme” means the scheme established by these Regulations;

scheme actuary” means the person appointed by the scheme manager for the time being to provide a consulting service on actuarial matters;

scheme closing date” has the meaning given in Part 1 of Schedule 3;

scheme manager” has the meaning given in Part 2;

sending scheme” means a pension scheme [F12to which an application is made for payment of] a transfer value or a club transfer value;

[F13“shared parental leave” has the meaning given in regulation 3(1) of the Shared Parental Leave Regulations 2014;]

short-service serious ill-health grant” means a grant payable under Chapter 7 of Part 5;

standard accrual rate”, in relation to a member's pensionable earnings, means 1/57th;

standard earned pension”, in relation to a financial year, means the amount of earned pension calculated by applying the standard accrual rate to the member's pensionable earnings for that year;

standard increase”, in relation to pensionable earnings, has the meaning given in Chapter 4 of Part 3;

standard rate”, in relation to interest, means the Superannuation Contributions Adjusted for Past Experience discount rate set by the Treasury;

standard reduction” has the meaning given in Chapter 7 of Part 4;

statutory pay” means—

(a)

statutory adoption pay, statutory maternity pay or statutory paternity pay within the meaning of the Social Security Contributions and Benefits Act 1992 M13, F14...

(b)

F15...

(c)

[F16statutory shared parental pay payable in accordance with Part 12ZC of the Social Security Contributions and Benefits Act 1992][F17, or

(d)

statutory parental bereavement pay payable in accordance with Part 12ZD of the Social Security Contributions and Benefits Act 1992;]

surviving adult” has the meaning given in regulation 134;

surviving adult pension ” means a pension payable under regulation 142;

surviving civil partner” means a person who, at the time of a member's death, was in a civil partnership M14 with the member;

surviving nominated beneficiary” has the meaning given in regulation 136;

surviving [F18qualifying] partner” has the meaning given in regulation 135;

surviving spouse” means a person who, at the time of a member's death, was married to the member;

survivor's pension” has the meaning given in Chapter 1 of Part 6;

[F19“tapered protection member” has the meaning given in Part 3 of Schedule 3;]

total incapacity benefits” means—

(a)

a total incapacity pension; and

(b)

a lump sum payable under regulation 168 in place of part of that pension;

total incapacity pension” means a pension payable under regulation 116;

transfer club” means the club of registered occupational pension schemes which make and receive transfer value payments under the club transfer arrangements;

transfer payment” means a transfer value payment or a cash transfer sum made or received by this scheme in relation to a member;

transfer value”, in relation to accrued rights other than rights to earned pension accrued under this scheme or under another club scheme, has the meaning given in Part 10 (transfers);

transfer value payment” means—

(a)

the payment of a transfer value or club transfer value under Part 10 (transfers); or

(b)

the payment of a transfer value under Chapter 4 of Part 4 of PSA 1993;

transferred pension” means pension attributable to the receipt of a transfer value;

transition member” has the meaning given in Part 4 of Schedule 3;

the Treasury order”, in relation to a given period, means the Treasury order made under section 9(2) of the Act that specifies a percentage increase or decrease in prices in relation to that period;

TUPE transfer” means a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 M15.

Textual Amendments

F18Word in reg. 3 substituted (with effect from 1.4.2015) by The Teachers Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), reg. 1(1)(4), 21

Modifications etc. (not altering text)

Marginal Citations

M9Section 101AB was inserted by the Pensions Act 2004 (c.35), section 264.

M11S.I. 1999/3312, to which there are amendments not relevant to these Regulations.

M14See section 1 of the Civil Partnership Act 2004 (c.33) for the meaning of “civil partnership”.

Connected schemesE+W

4.—(1) In these Regulations, “connected scheme” means another statutory pension scheme that is connected, within the meaning of section 4(6) of the Act, with this scheme.

(2) The scheme established by the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1994 M16 is not a connected scheme.

Marginal Citations

M16S.I. 1994/2924; as amended by S.I. 1997/3001, S.I. 2000/666, S.I. 2000/3028, S.I. 2001/3649, S.I. 2005/2198, S.I. 2006/736, S.I. 2006/2214, S.I. 2006/3122, S.I. 2008/541, S.I. 2010/990 and S.I. 2011/614.

Leaving pensionable serviceE+W

5.—(1) For the purpose of these Regulations, a person (P) leaves all pensionable service—

(a)if P is in pensionable service in relation to one employment only, when P leaves pensionable service in relation to that employment; or

(b)if P is in pensionable service in relation to more than one employment, when P leaves pensionable service in relation to all those employments.

(2) For the purpose of these Regulations, P leaves pensionable service in relation to an eligible employment when—

(a)P begins a period of non-pensionable family leave, non-pensionable sick leave or unpaid leave in relation to that employment;

(b)P opts out of this scheme in relation to that employment; or

(c)P leaves that employment.

Leaving eligible employmentE+W

6.—(1) For the purpose of these Regulations, a person (P) leaves all eligible employment—

(a)if P is in one eligible employment only, when P leaves that employment; or

(b)if P is in more than one eligible employment, when P leaves all those employments.

(2) For the purpose of these Regulations—

(a)P leaves an eligible employment when P ends a period of non-pensionable family leave, non-pensionable sick leave or unpaid leave in relation to that employment and does not return to that employment; but

(b)P does not leave an eligible employment unless at least one complete day has passed since P's last day in that employment.

Yn ôl i’r brig

Options/Help

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules as a PDF

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open yr Offeryn Cyfan

Yr Offeryn Cyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open yr Offeryn Cyfan heb Atodlenni

Yr Offeryn Cyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?