The Teachers’ Pensions (Miscellaneous Provisions) (Amendment) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations contain preliminary provisions (Part 1) and amend the following sets of Regulations, which extend to England and Wales—

• The Teachers’ Pensions Regulations 2010 (amended in Part 2), which provide primarily for teachers’ pensions based on final salaries;

• The Teachers’ Pension Scheme Regulations 2014 (amended in Part 3), which provide primarily for teachers’ pensions based on career average earnings.

Within Part 1 they also make a retrospective rectifying amendment to previous amending regulations relating to the 2010 Regulations (regulation 2(2) as read with regulation 2(1)(b)). Section 12(1) of the Superannuation Act 1972 provides authority for provisions to take effect as from a date earlier than the making of these Regulations, an authority also relevant to regulation 12.

Within Part 2 –

• regulation 3 introduces the other regulations;

• regulations 4, 6, 7, 9 and 10 provide scope for any accepted school (a category almost confined to independent schools) that participates in the pension arrangements covered by the 2010 Regulations, which previously had to cover all teaching staff, to limit coverage to staff employed, or absent on limited grounds, as at a time given to it by the Secretary of State, following application on behalf of the school;

• regulations 5 and 8 amend provisions relating to what counts as pensionable service when contributions are outstanding;

• regulation 11 corrects a previous mismatch in terminology;

• regulations 12 to 14 adjust pension rights among classes of survivors of relationships so that, for example, the widower of a deceased female teacher who died on or after 5 December 2005, i.e. the date when same-sex civil partnerships were first recognised, can claim for service back to 1 April 1972 on the same basis as the survivor of such a partnership; the retroaction in regulation 12 (see regulation 2(1)(a)) is included so that pension elements attributable to action on the part of the deceased also cover action dating back to when the 2010 Regulations came into force.

Within Part 3 –

• regulation 15 introduces the other regulations;

• regulations 16 and 17 amend provisions relating to what counts as pensionable service when contributions are outstanding;

• regulations 18 and 19 provide scope for any accepted school that participates in pension arrangements covered by the 2014 Regulations, which previously had to cover all teaching staff, to limit coverage to staff employed, or absent on limited grounds, as at a time given to it by the Secretary of State, following application on behalf of the school;

• regulation 20 makes amendments to transitional provisions for teachers moving into the pension arrangements covered by the 2014 Regulations.

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