The Teachers' Pensions Regulations 2010

Regulation 2

SCHEDULE 1 E+W+S Glossary of expressions

Expression		Meaning
CA 2006		the Companies Act 2006 M1 .
EA 1996		the Education Act 1996 M2 .
EA 2002		the Education Act 2002 M3 .
FA 2004		the Finance Act 2004 M4 .
IA 1986		the Insolvency Act 1986 M5 .
NHSA 2006		the National Health Service Act 2006 M6 .
NHSWA 2006		the National Health Service (Wales) Act 2006 M7 .
PA 1995		the Pensions Act 1995 M8 .
PIA 1971		the Pensions (Increase ) Act 1971 M9 .
PSA 1993		the Pension Schemes Act 1993 M10 .
SA 1972		the Superannuation Act 1972 M11 .
SVGA 2006		the Safeguarding Vulnerable Groups Act 2006 M12 .
WRPA 1999		the Welfare Reform and Pensions Act 1999 M13 .
TPR 1997		the Teachers' Pensions Regulations 1997 M14 .
TPRAR 2006		the Teachers' Pensions etc. (Reform Amendments) Regulations 2006 M15 .
TSR 1967		the Teachers' Superannuation Regulations 1967 M16 .
TSR 1976		the Teachers' Superannuation Regulations 1976 M17 .
TSR 1988		the Teachers' Superannuation (Consolidation) Regulations 1988 M18 .
TSAVCR 1994		the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1994 M19 .
2007 or later entrant		see regulation 47 (“2007 or later entrant”: meaning and normal pension age).
Academy		construe in accordance with section 482 of EA 1996 and sections 67 and 68 of EA 2002.
accepted school		see regulation 13 (accepted schools).
actuarial		determined by, or in accordance with tables prepared by, the scheme actuary.
[F1 additional paternity leave		the meaning in regulation 2(1) of the Additional Paternity Leave Regulations 2010]
additional pension		a pension payable under regulation 73 (election to receive additional pension with phased retirement pension) or 75 (additional pension paid with retirement pension).
[F1 additional statutory paternity pay		the meaning in regulation 2(1) of the Additional Statutory Paternity Pay (General) Regulations 2010]
admitted service		see regulation 80 (admitted service benefits).
admitted service benefits		an admitted service pension and any admitted service lump sum payable with the admitted service pension.
admitted service lump sum		a lump sum payable under regulation 80 (admitted service benefits).
admitted service pension		a pension payable under regulation 80 (admitted service benefits).
adoption leave		the same meaning as in the Paternity and Adoption Leave Regulations 2002 M20 .
adult pension		see regulation 94 (adult pensions).
adult pension qualification service		see Schedule 8 (adult pension qualification service).
appropriate factor		see regulation 130 (appropriate factor).
average salary		see Part 5 (average salary).
average salary service		see regulation 40 (average salary: supplemental).
career break		a period when, with the agreement of the person's former employer, the person is not in pensionable employment but expects to return to employment with the same employer and during which the person does not take up any other employment.
Case (followed by a letter)		see regulation 60(11).
cash equivalent		a cash equivalent mentioned in section 94 (1) of PSA 1993.
child pension		see regulation 97 (child pensions).
club scheme		a registered pension scheme which (a) is a contracted-out scheme or is a scheme established and maintained in the Channel Islands or the Isle of Man which is not a contracted-out scheme, (b) is a final salary scheme, (c) is a scheme which is open to new participants (“open scheme”) or, if not a scheme so open (“closed scheme”), is a scheme whose trustees or managers also provide an open scheme which is a scheme for new employees of the same employer and of the same grade or level of post as participants of the closed scheme, and (d) is a scheme whose trustees or managers have undertaken to comply with the reciprocal arrangements for the payment and receipt of transfer values agreed from time to time between the trustees or managers of such a scheme.
COBISEC		the Council of British Independent Schools in the European Communities.
comparable British scheme		a pension scheme for teachers in public employment in any part of the British Islands outside England and Wales.
comparable British service		service pensionable under a comparable British scheme.
comparable United Kingdom scheme		a pension scheme for teachers in public employment in any part of the United Kingdom outside England and Wales.
comparable United Kingdom service		service pensionable under a comparable United Kingdom scheme.
condition for retirement		see regulation 60(2) (retirement benefits)
condition for retirement following further employment		see regulation 60(3) (retirement benefits)
[F1 consumer prices index		the index of consumer prices published by the Office for National Statistics.]
contracted-out employment,		construe in accordance with section 8(1) of PSA 1993.
contracted-out scheme		construe in accordance with section 7(3) of PSA 1993.
contributable salary		see Chapter 1 of Part 3.
contributions equivalent premium		a premium under section 55(2) of PSA 1993.
contributions refund period		a period in respect of which contributions have been or are to be repaid and— (a) have not been, or fallen to be treated as having been, refunded, or (b) have been returned but have since been repaid.
death grant beneficiary		see regulations 82 (person to whom death grant is payable) and 103 (person to whom death grant is payable on death of pension credit member).
disqualifying break		see regulation 53 (meaning of “disqualifying break” and “post-break employment start date”).
education functions		the same meaning as in EA 1996.
eligible child		see regulation 93 (meaning of “eligible child”).
employer (in the context of a person employed in or in connection with a school maintained by a local authority).		see regulation 3 ( meaning of “employer” in certain cases)..
employed		employed under a contract of employment.
employment		employment under a contract of employment.
equivalent pension benefits		The meaning in section 57(1) of the National Insurance Act 1965 M21 .
excluded employment		see regulation 7(12) (employment not pensionable; general).
family benefit service		see Schedule 9 (family benefit service).
financial year		the 12 months ending with 31st March in any year.
full-time employment		employment is “full-time” if the contract of employment so describes it (whether in those terms or otherwise) and requires the employee to work for the whole of the working week.
function provider		see regulation 14 (accepted function providers).
further education		the meaning given in section 2(3) of EA 1996.
further employment		see regulation 4 (meaning of “further employment”).
GMP age		65 in the case of a man or 60 in the case of a woman.
guaranteed minimum		a guaranteed minimum under section 14 of PSA 1993.
guaranteed minimum pension		the meaning given in section 8(2) of PSA 1993.
higher education		the meaning given in section 120(1) of the Education Reform Act 1988 M22 .
incapacitated		unfit by reason of illness or injury and despite appropriate medical treatment to serve as a teacher, organiser or supervisor.
ill-health retirement benefits		an ill-health pension and any ill-health lump sum payable with the ill-health pension.
ill-health lump sum		a retirement lump sum payable because Case C applies to the reckonable service or to part of the reckonable service of a person.
ill-health pension		a retirement pension payable because Case C applies to the reckonable service or to part of the reckonable service of a person.
initiated (in the context of a payment)		see regulation 136 (meaning of payment being “initiated”).
local authority		(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		ordinary or additional maternity leave within the meaning of the Maternity and Parental Leave etc. Regulations 1999 M23
non-pensionable family leave		a period of adoption, maternity, parental [F2 , paternity or additional paternity] leave during which the employee— (a) is not paid or is paid less than half the salary, and (b) receives no statutory pay.
non-pensionable sick leave		sick leave taken with the consent of the employer during which the employee is not paid or is paid less than half the salary.
non-profit-making body		a body, the constitution of which— (a) requires any surplus income or gains to be invested, (b) prohibits the distribution of the assets of the body, in cash or kind, by way of dividend, bonus or otherwise by way of profit to any member of the body or to a third party (other than for charitable purposes), and (c) provides for any net assets on the dissolution of the body to be applied for charitable purposes or for the purposes for which the body existed before its dissolution.
normal pension age		see regulations 47 to 49 or (in relation to pension credit members) regulation 102(2).
NPA 60 reckonable service		see regulation 50 (meaning of “NPA 60 reckonable service” and “NPA 65 reckonable service”).
NPA 65 reckonable service		see regulation 50 (meaning of “NPA 60 reckonable service” and “NPA 65 reckonable service”).
occupational pension scheme		the meaning given in section 1 of PSA 1993.
organiser		a person who performs duties in connection with the provision of education or services ancillary to education other than administrative services.
parental leave		leave within the meaning of Part 3 of the Maternity and Parental Leave etc. Regulations 1999.
part cash equivalent		the cash equivalent of any part of the benefits mentioned in section 94(1) of PSA 1993 which is prescribed under section 98(1) of that Act (continuation in employment after termination of pensionable service.).
part-time		employment is “part-time” if the contract requires the employee to work for less than the whole of the working week.
paternity leave		the meaning in the Paternity and Adoption Leave Regulations 2002.
payment in lieu of contributions		a payment in lieu of contributions under Part 3 of the National Insurance Act 1965.
pensionable employment		see Part 2 (pensionable employment).
pension credit		a credit under section 29(1)(b) of the WRPA 1999 as against the Secretary of State as the person responsible for the pension scheme contributed by these Regulations.
pension credit retirement benefits		A pension credit retirement pension and any pension credit retirement lump sum payable with the pension credit retirement pension .
pension credit retirement lump sum		a lump sum payable under regulation 105(3) (pension credit retirement benefits).
pension credit retirement pension		a pension payable under regulation 105(1) (pension credit retirement benefits).
pension credit member		a person entitled to a pension credit.
pension credit rights		the meaning in section 101B of PSA 1993 M24 .
pension debit member		(in relation to a pension credit member) the person whose rights under these Regulations become subject to a debt under section 29(1)(a) of WRPA 1999 when the pension credit member becomes entitled to a pension credit.
pension sharing order		(in relation to a pension credit member) the pension sharing order or other provision by virtue of the taking effect of which the pension credit member becomes entitled to a pension credit.
permitted maximum		the amount determined in accordance with paragraph 2 of Schedule 29 to FA 2004.
person with mixed service		see regulation 48 (“person with mixed service”: meaning and normal pension age).
personal pension scheme		a personal pension scheme as defined in section 1 of PSA 1993.
phased retirement benefits		a retirement pension and any retirement lump sum payable with the phased retirement pension.
phased retirement lump sum		a lump sum payable under regulation 58(4) (phased retirement benefits).
phased retirement pension		a pension payable under regulation 58(2) (phased retirement benefits).
post-break employment start date		see regulation 53 (meaning of “disqualifying break” and “post-break employment start date”).
pre-2007 entrant		see regulation 49 (“pre-2007 entrant”: meaning and normal pension age)
previous provisions		provision contained in or made under an enactment relating to the superannuation of teachers which were in force at any time before 1st January 1977.
proprietor		in relation to a school or other establishment, means the person or body of persons responsible for the management of the school or other establishment.
public sector TUPE transferee		see regulation 52 (meaning of “public sector TUPE transferee, etc.”).
public sector TUPE transferee with NPA 60 rights		see regulation 52(3) (meaning of “public sector TUPE transferee, etc.”).
public sector TUPE transferee with NPA 60 and NPA 65 rights		see regulation 52(4) (meaning of public sector TUPE transferee, etc.).
Qualified for retirement benefits		see regulation 54 (meaning of “qualified for retirement benefits”).
qualified for retirement benefits following further employment		see regulation 56 (meaning of “qualified for retirement benefits following further employment”).
reckonable service		see Part 6 (reckonable service).
registered pension scheme		the meaning in section 150(2) of FA 2004.
regulation C9 of TPR 1997		that regulation as it had effect before 1st January 2007 and — (a) as it had effect from 1st January 2007 until 1st September 2010 by virtue of paragraphs 8 and 9 of Schedule 5 to TPRAR 2006, (b) as it has effect by virtue of paragraph 11 of Schedule 13 (Savings and Transitional Provisions)
retail prices index		the index of retail prices published by the Office for National Statistics
retirement benefits		a retirement pension and any retirement lump sum payable with the retirement pension.
retirement benefits qualification service		see regulation 55 (retirement benefits qualification service).
retirement lump sum		a lump sum payable under regulation 60 (retirement benefits).
retirement pension		a pension payable under regulation 60 (retirement benefits).
scheme actuary		the person appointed by the Secretary of State for the time being to provide a consulting service on actuarial matters.
scheme managers		in relation to statutory scheme, the expression means the Minister of the Crown or other body administering the scheme; in relation to any other scheme, it means the person responsible for the management of the scheme.
section 9(2B) rights		rights (other than rights attributable to voluntary contribution within the meaning of section 111 of PSA 1993) which are attributable to an earners' service (as defined in sections 3, 4 and 112 of the Social Security Contributions and Benefits Act 1992 M25 ) on or after 6th April 1997 in employment which is contracted out in accordance with section 9(2B) of PSA 1993 M26 .
short-service annuity		an annuity payable under regulation 77 or 78 (short-service annuities).
short-service serious-ill health grant		a grant payable under regulation 79 (short-service serious ill-health grant).
short-service incapacity grant		a short-service incapacity grant paid before 1st September 2010 under regulation E17 of TPR 1997.
special school		the meaning in section 337 of EA 1996.
specified country service		(a) service before 25th March 1972 which was, for the purpose of Part 9 of TSR 1967, service in a specified country as a services civilian teacher, (b) service after 24th March 1972 and before 1st January 1977 which, if section 25 of the Superannuation Act 1965 M27 had continued in force, would have been such service as is mentioned in paragraph (a), or (c) service after 31st December 1976 and before 1st January 1980 in continuation of such service as is mentioned in paragraph (b) .
standard rate (in the context of interest)		see regulation 129 (meaning of “standard rate” of interest).
state pensionable age		pensionable age within the meaning given by the rules in paragraph 1 of Schedule 4 to PA 1995.
supervisor		a person employed in a capacity connected with education which to a substantial extent involves the control or supervision of teachers.
surviving nominated beneficiary		see regulation 91(5) .
surviving nominated partner		see regulation 90(4).
tax year		the 12 months beginning with 6th April in any year.
teacher's pension		an annual allowance which becomes payable under TSR 1976 or previous provisions or a retirement pension.
terminal sum		a retirement lump sum, a short-service incapacity grant, a short-service serious ill health grant, a refund of contributions or any sum payable on death.
total incapacity benefits		a total incapacity pension and any total incapacity lump sum payable with the total incapacity pension
total incapacity lump sum		a lump sum payable under regulation 65 (total incapacity benefits).
total incapacity pension		a pension payable under regulation 65 (total incapacity benefits).
transfer of undertakings		(a) where the transfer takes place or after 6th April 2006, a relevant transfer within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 M28 ; and (b) where the transfer takes place before that date, a transfer of undertakings within the meaning given by the Transfer of Undertakings (Protection of Employment) Regulations 1981 M29 .
transfer day		(in relation to a pension sharing order) the day on which the pension sharing order takes effect.
transfer value (in the context of payment of a transfer value)		a transfer value paid under regulation 31 (payment of transfer values) or regulation 33 (payment of bulk transfer values).
transfer value (in the context of acceptance of a transfer value)		a transfer value accepted under regulation 35 (acceptance of transfer values) or regulation 36 (acceptance of bulk transfer values).
UK transferee with NPA 60 rights		see regulation 51(1) (meaning of UK transferee with NPA 60 rights, etc.).
UK transferee with NPA 60 and NPA 65 rights		see regulation 51(2) (meaning of UK transferee with NPA 60 rights, etc.).
widower with pre-1988 rights		the widower of a woman in pensionable employment at any time before 6th April 1988 whose nomination under regulation 65 of TSR 1976 (nomination of beneficiaries) before that date was— (a) a nomination of that widower, (b) a nomination of another person which was revoked in favour of that widower, or (c) a nomination of another person which became void when the woman married that widower or another person.

Textual Amendments

F1 Words in Sch. 1 inserted (1.4.2011) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/614), reg. 1, Sch. 2 para. 11

F2 Words in Sch. 1 substituted (1.4.2011) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/614), reg. 1, Sch. 2 para. 1(1)(2)

Marginal Citations

M1 2006 c.46

M2 1996 c.56

M3 2002 c.32

M4 2004 c.12

M5 2004 c.12

M6 2006 c.41

M7 2006 c.42

M8 1995 c.26

M9 1971 c.56

M10 1993 c.48

M11 1972 c.11

M12 2006 c.47

M13 1999 c.30

M14 S.I. 1997/3001

M15 S.I. 2006/3122

M16 S.I. 1967/489 revoked by S.I. 1976/1987

M17 S.I. 1976/1987 revoked by S.I. 1988/1652

M18 S.I. 1988/1652

M19 S.I. 1994/2494

M20 S.I. 2002/2788

M21 1965 c.51; relevant provisions were continues in force by S.I. 1974/2057

M22 1988 c. 40

M23 S.I. 1999/3312 to which there are amendments not relevant to these Regulations.

M24 Section 101B was inserted by section 37 of the Welfare Reform and Pensions Act 1999 (c.30).

M25 1992 c.4

M26 Section 9(2B) was inserted by section 136 of the Pensions Act 1995 (c.26).

M27 1965 c.74; section 25 was repealed by the Superannuation Act 1972 (c.11).

M28 S.I. 2006/246

M29 S.I. 1981/1794