The Teachers' Superannuation (Scotland) Regulations 1993

Qualification for retiring allowances

E4.—(1) A teacher shall qualify for retiring allowances if–

(a) immediately before 6th April 1988 he would but for his age have been entitled under regulation 46 of the 1977 Regulations to payment of retiring allowances; or

(b) he has completed an appropriate qualifying period.

(2) A qualifying period, which may be discontinuous, comprises

(a) where paragraph (3) or (4) applies, every period of a kind described in Part 1 of Schedule 8; or

(b) where paragraph (5) applies, every period of a kind described in Schedule 8,

• excluding, in either case, any period in respect of which contributions have been returned to the teacher and not repaid to the Secretary of State.

(3) If the teacher was in pensionable employment, or paying additional contributions to purchase current added years under regulation C8, on 6th April 1988, any qualifying period of 2 years shall be an appropriate one.

(4) If paragraph (3) does not apply, a qualifying period of 2 years beginning after 5th April 1988 shall be an appropriate one; and any period of the kind described in paragraph 4 of Schedule 8 (transfer value received) shall be treated for the purposes of this paragraph as having begun after 5th April 1988.

(5) If neither paragraph (3) nor paragraph (4) applies, and the teacher was in pensionable employment before 6th April 1988, any qualifying period of 5 years shall be an appropriate one.

(6) Notwithstanding that an appropriate qualifying period has not been completed, a teacher shall qualify for retiring allowances if–

(a) he has been employed in pensionable employment during a period in respect of which he has a guaranteed minimum pension being a period in respect of which a contributions equivalent premium cannot be paid; or

(b) a transfer value was paid in respect of him by the Secretary of State to the superannuation scheme of the Commission of the European Communities and one has since been received by the Secretary of State from that scheme.