The Teachers’ Pensions (Remediable Service) (Scotland) Regulations 2023

Treatment of reformed scheme flexibilities where legacy scheme benefits take effect

34.—(1) This regulation applies where M has paid remediable voluntary contributions to secure a reformed scheme flexibility.

(2) This regulation applies separately in relation to each type of reformed scheme flexibility secured by M’s remediable voluntary contributions.

(3) Where either—

(a) the end of the section 6 election period in relation to M has passed and no section 6 election is made (or deemed to have been made) in relation to M’s remediable teacher service, or

(b) an immediate choice decision has been made that no section 6 election is to be made in relation to M’s remediable teacher service,

the rights that would have been secured by the payment of the remediable voluntary contributions are extinguished.

(4) Where—

(a) an RVC election is made under regulation 29(5)(a), or

(b) the period mentioned in regulation 29(6) has expired and no RVC election has been made,

the scheme manager must confer the rights to alternative legacy scheme additional pension.

(5) Where—

(a) an RVC election is made under regulation 29(5)(b), or

(b) at the time M made the election pursuant to which the remediable voluntary contributions were paid, M was 65 or over,

the scheme manager owes to M or, where M is deceased, to M’s personal representatives an amount equal to the compensatable amount.