The Teachers' Superannuation (Scotland) Regulations 1993

Additional contributions to purchase past added years

C3.—(1) This regulation applies to a teacher who–

(a) except where paragraph (5) applies, is in pensionable employment; and

(b) first became employed in pensionable employment, or has been credited with reckonable service on the receipt of a transfer value in respect of comparable British service that began, before he attained the age of 55; and

(c) has not become entitled to payment of retiring allowances under regulation E5(1)(a) to (d).

(2) Subject to paragraphs (3) to (12), a teacher to whom this regulation applies may elect to pay additional contributions in accordance with–

(a) Part I of Schedule 4 (“Method A ”);

(b) Part II of Schedule 4 (“Method B ”);

(c) Part III of Schedule 4 (“Method C ”); or

(d) where paragraph (5) applies, Part IV of Schedule 4 (“Method D ”),

• in order to become entitled to count an additional period (“the past period ”) as reckonable service.

(3) Except where paragraph (5) applies, or the teacher’s pensionable employment is part-time, payment may be made by Method A, B or C.

(4) Where the teacher’s pensionable employment is part-time, payment may only be made by Method B.

(5) This paragraph applies where–

(a) the election is a further election made by a teacher whose last pensionable employment was full-time; and

(b) the previous election was one made after 30th October 1983 to make payment by Method A and the notice of it contained a statement of the kind mentioned in paragraph (12)(d)(ii); and

(c) the teacher has not elected under paragraph 4 of Schedule 4 to shorten the period during which additional contributions were to be paid so that it ends before his 69th birthday; and

(d) when notice of the further election is given the teacher has applied for payment of retiring allowances but has not been paid a retirement lump sum.

(6) The past period must not exceed the maximum calculated in accordance with Schedule 3, and–

(a) must have begun after the teacher attained the age of 20;

(b) must have ended–

(i) before the teacher attained the age of 60;

(ii) before the date of the election; and

(iii) if the teacher has become entitled to payment of retiring allowances by virtue of regulation E5(1)(f) (redundancy, etc.), before the relevant termination of employment;

(c) must be one during which the teacher was not in full-time pensionable employment, unless–

(i) contributions in respect of the period have been repaid after 31st May 1973; or

(ii) the right to count reckonable service in respect of it has been extinguished by payment of a transfer value;

(d) if payment is to be made by Method A, must satisfy paragraph 2 of Schedule 4;

(e) if payment is to be made by Method B and the election is a further election, must have begun after the date of the previous election;

(f) if payment is to be made by Method C, must–

(i) satisfy paragraph 13 of Schedule 4; and

(ii) if the election is a further election, have begun after the date of the previous election;

(g) unless–

(i) payment is to be made by Method B and notice of the election is given no earlier than the date of applying for payment of retiring allowances; or

(ii) payment is to be made by Method D,

• must be a period of not less than 30 days; and

(h) if payment is to be made by Method D, must have ended before the date of the previous election.

(7) If the teacher is already entitled to count any reckonable service in respect of the past period, that period is for the purposes of payment under this regulation and those of regulation D1 (reckonable service) reduced by the length of that service.

(8) The period during which additional contributions are to be paid (“the contribution period ”) must–

(a) where payment is to be made by Method A, satisfy paragraph 2 of Schedule 4; and

(b) where payment is to be made by Method C, satisfy paragraph 13 of Schedule 4.

(9) Subject to paragraphs (10) and (11), an election under this regulation may be made at any time.

(10) A further election to make payment by Method B or C, other than an election by a teacher in part-time pensionable employment to make payment by Method B, must be made within 6 months after the start of the teacher’s latest pensionable employment.

(11) A teacher may not simultaneously make different elections under this regulation, except that an election to make payment by Method A or C may be made at the same time as an election to make payment by Method B in respect of a different past period.

(12) An election under this regulation must be made by giving written notice to the Secretary of State, which–

(a) is to specify the past period;

(b) is to specify the method by which payment is to be made;

(c) where payment is to be made by Method A or C, is to specify the length of the contribution period; and

(d) where payment is to be made by Method A–

(i) is to contain a declaration that the teacher has no reason to believe that his health may prevent him from continuing in pensionable employment until payment has been completed, and

(ii) where the contribution period is such that payment cannot be completed until the teacher has attained the age of 69 and he wishes to reserve the right to make a further election to make payment by Method D, is to contain a statement to that effect.

(13) Subject to paragraph 4 of Schedule 4 (shortening of contribution period where payment to be made by Method A), an election becomes irrevocable one month after the date on which the Secretary of State notifies the teacher in writing that it has been accepted.

(14) Where payment is to be made by Method A and–

(a) within 12 months after the date of the election the teacher becomes incapacitated; and

(b) the declaration required by paragraph (12)(d)(i) was not made in good faith,

• the election is to be treated as not having been made and any additional contributions paid are to be refunded.

(15) In this regulation “further election ” means an election made after 30th October 1983 which was not the teacher’s first election, and “previous election ” means the last election before the one being made.