- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (06/04/2024)
- Gwreiddiol (a wnaed Fel)
Point in time view as at 06/04/2024.
There are currently no known outstanding effects for the The Teachers' Pension Scheme Regulations 2014, CHAPTER 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
34.—(1) An application by a transition member (P) for payment of an age retirement pension under this scheme is also an application for payment of an age retirement pension in respect of P's pensionable service under the existing scheme.
(2) A transition member (P) who has not reached normal pension age under this scheme [F1and who has ceased being in pensionable service in this scheme] may apply under regulation 162 of these Regulations for payment of age retirement benefits in respect of P's pensionable service under the existing scheme without applying for payment of P's retirement benefits in respect of pensionable service under this scheme.
Textual Amendments
F1Words in Sch. 3 para. 34(2) inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 7
35.—(1) A transition member (P) who makes a phased retirement application under this scheme may elect to receive phased retirement benefits—
(a)in respect of pensionable service under the existing scheme only;
(b)in respect of pensionable service under this scheme only; or
(c)in respect of pensionable service under both the existing scheme and this scheme .
(2) P's application for phased retirement benefits in respect of pensionable service under both the existing scheme and this scheme may specify a different phased retirement proportion for each scheme.
36. A transition member (P) who applies for payment of a premature retirement pension under this scheme will receive any benefits due to P in respect of P's pensionable service in the existing scheme [F2in addition to] P's premature retirement pension payable under this scheme.
Textual Amendments
F2Words in Sch. 3 para. 36 substituted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 8
37. A transition member (P) who applies for payment of an early retirement pension under this scheme will receive any benefits due to P in respect of P's pensionable service in the existing scheme [F3in addition to] P's early retirement pension payable under this scheme.
Textual Amendments
F3Words in Sch. 3 para. 37 substituted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 8
38.—(1) A transition member (P) will receive any benefits payable under this scheme as part of P's ill-health pension payable under the existing scheme if—
(a)P applies before P's transition date for payment of an ill-health pension, and
(b)P's application is successfully determined F4....
[F5(2) If P makes a successful application for payment of an ill-health pension on or after P’s transition date—
(a)before P’s normal pension age in the existing scheme, P will receive under this scheme an amount equivalent to any benefits due to P in respect of P’s pensionable service in this scheme and in the existing scheme, in accordance with paragraph 38A;
(b)from P’s normal pension age in the existing scheme, P will receive, in accordance with paragraph 38B—
(i)under the existing scheme, any benefits due to P in respect of P’s pensionable service in the existing scheme, and
(ii)under this scheme, any benefits due to P in respect of P’s pensionable service in this scheme.]
[F6(3) If P has more than one normal pension age in the existing scheme under regulation 48 of the existing scheme regulations, sub-paragraph (2) and regulations 38A and 38B apply to each normal pension age in relation to the pensionable service to which it applies.]
Textual Amendments
F4Words in Sch. 3 para. 38(1)(b) omitted (1.4.2015) by virtue of The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 9(a)
F5Sch. 3 para. 38(2) substituted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 9(b)
F6Sch. 3 para. 38(3) inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 9(c)
38A.—(1) This paragraph applies to a transition member (P) whilst P—
(a)is entitled to an ill-health pension under this scheme; and
(b)has not reached normal pension age under the existing scheme.
(2) Whilst this paragraph applies—
(a)no pension is payable to P under the existing scheme before P’s normal pension age in that scheme; and
(b)a pension is payable to P under this scheme, determined in accordance with sub-paragraph (3).
(3) Whilst this paragraph applies, the following are payable to P—
(a)a pension, the annual rate of which is the sum of—
(i)P’s annual rate of ill-health pension calculated under regulation 113 of these Regulations,
(ii)the annual rate of retirement pension that would, if P was entitled to payment of an ill-health pension under the existing scheme, be payable to P under the existing scheme regulations, excluding any total incapacity pension payable under regulation 65 of the existing scheme regulations, and adjusted following any election by P under regulation 116 of those Regulations, and
(iii)the annual rate of total incapacity pension, if any, payable under regulation 116 of these Regulations;
(b)(i)any lump sum payable to P under regulation 168 of these Regulations, and
(ii)the amount of any lump sum that would have been payable to P had P been entitled to payment of an ill-health pension under the existing scheme, including any lump sum payable under regulation 116 of the existing scheme regulations, if P makes such an election.
(4) P’s entitlement to the pension payable under sub-paragraph (3)(a)(ii) is subject to the same conditions, and ceases to be payable in the same circumstances, as the pension which P would have received had P been entitled to payment of an ill-health pension under the existing scheme, in accordance with the existing scheme regulations.
(5) If a transfer of benefits takes place from the existing scheme prior to the existing scheme normal pension age, P’s entitlement to the pension payable under sub-paragraph (3)(a)(ii) comes to an end.
(6) If this paragraph applies, P may not apply under the existing scheme for retirement benefits under Case E as provided in Schedule 7 of the existing scheme regulations.]
Textual Amendments
F7Sch. 3 paras. 38A, 38B inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 10
38B.—(1) This paragraph applies to a transition member (P) in receipt of a pension in accordance with paragraph 38A.
(2) When P reaches normal pension age under the existing scheme, any benefit which is payable under paragraph 38A in respect of P’s service in the existing scheme ceases to be payable under this scheme, and any age pension due to P under the existing scheme becomes payable in accordance with the existing scheme regulations.
(3) In calculating the annual rate of pension payable under the existing scheme for the purposes of sub-paragraph (2), the following are taken into account—
(a)any lump sums paid out, under the existing scheme or this scheme, including by an election under regulation 116 or by commutation under regulation 118 or regulation 119 of the existing scheme regulations;
(b)any transfer payment made to another scheme before P reached normal pension age under the existing scheme.
(4) Before the payments in sub-paragraph (3), if any, are taken into account, they must be increased by the amount by which the annual rate of a retirement pension of that amount would have been increased under PIA 1971 if—
(a)that pension was eligible to be so increased, and
(b)the entitlement day for that pension was the date P’s pension became payable under regulation 38A.]
Textual Amendments
F7Sch. 3 paras. 38A, 38B inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 10
39.—(1) Save as provided in sub-paragraph (2), a transition member (P) is not entitled to payment of total incapacity benefits under regulation 65 of [F8the existing scheme regulations].
(2) P may receive payment of total incapacity benefits under the existing scheme regulations if—
(a)before P's transition date, P makes an application under regulation 65 of [F8the existing scheme regulations] which is not determined by the transition date;
(b)P's application is successfully determined after the transition date; and
(c)P has not made a subsequent application under regulation 162 of these regulations for payment of total incapacity benefits.
Textual Amendments
F8Words in Sch. 3 para. 39 substituted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 39
39A.—(1) This paragraph applies to a transition member (P), if—
(a)P is entitled to receive benefits payable under this scheme; and
(b)P was in receipt of a previous ill-health pension following an application which was received by the Secretary of State before 6th January 2007.
(2) Regulation 71 of the existing scheme regulations applies with the modification in regulation 71(2)(a)(i) of those regulations that after “pensionable employment of a person (P)” is inserted “including pensionable service under the Teachers’ Pension Scheme Regulations 2014”.]
Textual Amendments
F9Sch. 3 paras. 39A, 39B inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 40
39B.—(1) This paragraph applies to a transition member (P), if—
(a)P is entitled to receive benefits payable under this scheme, including total incapacity pension; and
(b)P was in receipt of a previous ill-health pension following an application which was received by the Secretary of State before 6th January 2007.
(2) The scheme manager may determine, after taking advice from the scheme actuary, that either or both of the following benefits are reduced—
(a)P’s total incapacity benefits in this scheme;
(b)part of P’s ill health benefits under regulation 71 of the existing scheme regulations (including by reference to paragraph 39A).]
Textual Amendments
F9Sch. 3 paras. 39A, 39B inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 40
40.—(1) Save as provided in this paragraph, a transition member (P) is not entitled to payment of a short-service serious ill-health grant under regulation 79 of [F10the existing scheme regulations].
(2) P may receive payment of a short-service serious ill-health grant under the existing scheme regulations if—
(a)before P's transition date, P makes an application under regulation 79 of [F10the existing scheme regulations] which is not determined by the transition date;
(b)P's application is successfully determined after the transition date; and
(c)P has not made a subsequent application under regulation 162 of these regulations for payment of a short-service serious ill-health grant.
(3) The amount of the payment of a short-service ill-health grant payable under sub-paragraph (2) is calculated under regulation 122 of these Regulations.
Textual Amendments
F10Words in Sch. 3 para. 40 substituted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 41
41.—(1) When the surviving adult of a transition member applies for payment of a surviving adult pension under this scheme, the surviving adult must also apply for payment of an adult pension under the existing scheme.
F11(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The enhancement of a surviving adult pension—
(a)is applied under regulation 145 of these Regulations; but
(b)is not applied under Schedule 9 to the existing scheme [F12regulations].
Textual Amendments
F11Sch. 3 para. 41(2) omitted (1.4.2015) by virtue of The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 42(a)
F12Word in Sch. 3 para. 41(3)(b) inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 42(b)
41A.—(1) This paragraph applies to a short-term surviving adult pension payment to a surviving adult of a transition member.
(2) The short-term rate of surviving adult pension—
(a)is payable under this scheme; but
(b)is not payable under regulation 95 of the existing scheme regulations.]
Textual Amendments
F13Sch. 3 paras. 41A-41C inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 43
41B. The long-term rate of a surviving adult pension of a surviving adult (S) of a transition member is the sum of—
(a)the surviving adult pension under this scheme;
(b)the adult pension under the existing scheme;
(c)any enhancement to which S is entitled under regulation 145 of these Regulations; and
(d)any enhancement to which S is entitled under Part 3 of Schedule 9 to the existing scheme regulations.]
Textual Amendments
F13Sch. 3 paras. 41A-41C inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 43
41C.—(1) This paragraph applies if the surviving adult (S) of a transition member applies—
(a)for payment of a surviving adult pension under this scheme; and
(b)for payment of an adult pension under the existing scheme.
(2) The scheme manager may determine after taking advice from the scheme actuary that either or both of the following enhancements of surviving adult pension benefits are reduced—
(a)S’s enhancement of a surviving adult pension under regulation 145 of these Regulations;
(b)S’s enhancement of a surviving adult pension under Part 3 of Schedule 9 to the existing scheme regulations.]
Textual Amendments
F13Sch. 3 paras. 41A-41C inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 43
42. When the surviving adult of a transition member applies for payment of an additional (surviving adult) pension under this scheme, the surviving adult must also apply for payment of an additional pension under the existing scheme.
43.—(1) When the eligible child of a transition member applies for payment of a child pension under this scheme, the eligible child must also apply for payment of a child pension under the existing scheme.
F14(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The enhancement of a child pension—
(a)is applied under regulation 152 of these Regulations; but
(b)is not applied under Schedule 9 to the existing scheme [F15regulations].
Textual Amendments
F14Sch. 3 para. 43(2) omitted (1.4.2015) by virtue of The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 44(a)
F15Word in Sch. 3 para. 43(3) inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 44(b)
43A.—(1) This paragraph applies to a short-term child pension payment to a child of a transition member.
(2) The short-term rate of child pension—
(a)is payable under this scheme; but
(b)is not payable under regulation 98 of the existing scheme regulations.]
Textual Amendments
F16Sch. 3 paras. 43A-43C inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 45
43B. The long-term rate of a child pension of an eligible child (C) of a transition member is the sum of—
(a)the child pension under this scheme;
(b)the child pension under the existing scheme;
(c)any enhancement to which C is entitled under regulation 152 of these Regulations, and
(d)any enhancement to which C is entitled under Part 3 of Schedule 9 of the existing scheme regulations.]
Textual Amendments
F16Sch. 3 paras. 43A-43C inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 45
43C.—(1) This paragraph applies if the eligible child (C) of a transition member applies—
(a)for payment of a child pension under this scheme; and
(b)for payment of a child pension under the existing scheme.
(2) The scheme manager may determine after taking advice from the scheme actuary that either or both of the following enhancement of child pension benefits are reduced—
(a)C’s enhancement of a child pension under regulation 152 of these Regulations;
(b)C’s enhancement of a child pension under Part 3 of Schedule 9 to the existing scheme benefits.]
Textual Amendments
F16Sch. 3 paras. 43A-43C inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 45
44.—(1) The beneficiary of a transition member (D) is not entitled to a death in service grant under regulation 83 or 84 of the existing scheme [F17regulations].
(2) The amount of the death in service grant paid under this scheme must be reduced by the amount of any retirement lump sum paid under regulation 60 of the existing scheme in respect of D's pensionable service under that scheme[F18, other than any lump sum already recovered].
Textual Amendments
F17Word in Sch. 3 para. 44(1) inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 46(a)
F18Words in Sch. 3 para. 44(2) inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 46(b)
45.—(1) When the beneficiary of a transition member applies for payment of a death out of service grant under this scheme, the beneficiary must also apply for payment of a death out of service grant under the existing scheme [F19regulations].
(2) The amount of the death out of service grant paid under this scheme must be reduced by the amount of any retirement lump sum paid under regulation 60 of the existing scheme in respect of D's pensionable service under that scheme[F20, other than any lump sum already recovered].
Textual Amendments
F19Word in Sch. 3 para. 45(1) inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 47(a)
F20Words in Sch. 3 para. 45(2) inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 47(b)
46.—(1) An application for a supplementary death grant by the beneficiary of a transition member is an application for a supplementary death grant under this scheme and under the existing scheme.
(2) Paragraph 33 (annual rate of pension) does not apply in respect of an application under this paragraph.
47.—(1) A [F21pension credit member] (P) [F22with pension credit rights in this scheme and the existing scheme,] who has not reached normal pension age under the existing scheme when P applies for payment of a pension credit retirement pension under this scheme will receive payment [F23under the existing scheme] of any benefits payable to P in respect of pensionable service under the existing scheme.
(2) If P applies for payment of a pension credit retirement pension after having reached normal pension age under the existing scheme, P may apply [F24under this scheme] for payment F25... of a pension credit retirement pension in respect of pensionable service under—
(a)the existing scheme;
(b)this scheme; or
(c)the existing scheme and this scheme.
Textual Amendments
F21Words in Sch. 3 para. 47(1) substituted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 11(a)(i)
F22Words in Sch. 3 para. 47(1) inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 11(a)(ii)
F23Words in Sch. 3 para. 47(1) inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 11(a)(iii)
F24Words in Sch. 3 para. 47(2) inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 11(b)(i)
F25Words in Sch. 3 para. 47(2) omitted (1.4.2015) by virtue of The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 11(b)(ii)
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?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
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?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Mae Memoranda Esboniadol yn nodi datganiad byr o ddiben Offeryn Statudol ac yn rhoi gwybodaeth am ei amcan polisi a goblygiadau polisi. Maent yn ceisio gwneud yr Offeryn Statudol yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol, ac maent yn cyd-fynd ag unrhyw Offeryn Statudol neu Offeryn Statudol Drafft a gyflwynwyd ger bron y Senedd o Fehefin 2004 ymlaen.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys