The Teachers' Superannuation (Notional Salaries) Regulations 1981

1.—(1) These Regulations may be cited as the Teachers' Superannuation (Notional Salaries) Regulations 1981.

(2) These Regulations shall come into operation on 1st August 1981 and shall have effect—

(a) for the purposes of Regulations 8 and 9 thereof, as from that date;

(b) for all other purposes, as from 1st April 1979.

2.—(1) In these Regulations a reference to the principal Regulations is a reference to the Teachers' Superannuation Regulations 1976(1).

(2) These Regulations shall be construed as one with the principal Regulations.

(3) In these Regulations a reference to the Primary and Secondary Schools Document 1979 is a reference to the document published by Her Majesty's Stationery Office on 21st September 1979 under the title “Scales of Salaries for Teachers in Primary and Secondary Schools, England and Wales 1979”, and a reference to the Further Education Document 1979 is a reference to the document so published on 21st February 1980 under the title “Scales of Salaries for Teachers in Establishments for Further Education, England and Wales 1979”.

3.—(1) This Regulation shall apply to a teacher employed in reckonable service at any time during the period beginning with 1st April 1979 and ending immediately before 1st September 1980 being—

(a) a teacher paid by a local education authority in pursuance of section 5 of the Remuneration of Teachers Act 1965, or

(b) a teacher in Crown service whose remuneration fell to be determined by reference to the Primary and Secondary Schools Document 1979 or the Further Education Document 1979, as from time to time amended, or

(c) any other teacher whose remuneration, by contract, fell to be so determined.

(2) In the case of such a teacher the hypotheses referred to in these Regulations shall be that—

(a) the Primary and Secondary Schools Document 1979 had been amended—

(i) as respects the period beginning with 1st April 1979 and ending immediately before 1st April 1980, as provided in Part I of Schedule 1 hereto, and

(ii) as respects the period beginning with 1st April 1980 and ending immediately before 1st September 1980, as provided in Part II of that Schedule

and no other amendments had been made to that document other than those contained in Schedule 2 to the Remuneration of Teachers (Primary and Secondary Schools) (Amendment) Order 1980 and in the Remuneration of Teachers (Primary and Secondary Schools) (Amendment) Order 1981 (which relate to London Area Payments);

(b) the Further Education Document 1979 had been amended—

(i) as respects the period beginning with 1st April 1979 and ending immediately before 1st April 1980, as provided in Part I of Schedule 2 hereto, and

(ii) as respects the period beginning with 1st April 1980 and ending immediately before 1st September 1980, as provided in Part II of that Schedule,

and no other amendments had been made to that document other than those contained in Schedule 2 to the Remuneration of Teachers (Further Education) (Amendment) Order 1980 and in the Remuneration of Teachers (Further Education) (Amendment) Order 1981 (which relate to London Area Payments).

(3) For the purposes hereof, in the Further Education Document 1979, as hypothetically amended by paragraph (2)(b)(ii), any reference to an allowance payable on 31st March 1980 shall be construed as a reference to the amount of the allowance which would have been then payable if that document had been amended as provided in paragraph (2)(b)(i).

4.—(1) This Regulation shall apply to a teacher to whom Regulation 3 does not apply employed in reckonable service at any time during the period beginning with 1st April 1979 and ending immediately before 1st October 1980 in relation to whom the Secretary of State is satisfied that—

(a) it had been recognised by a collective agreement, award in respect of remuneration or otherwise that specified scales of remuneration would have been appropriate as at a date not earlier than 1st April 1979 (“the first relevant date”), but

(b) those scales only became fully operative (with or without a further increase therein) on a subsequent date not later than 1st October 1980 (“the second relevant date”).

(2) In the case of such a teacher the hypotheses referred to in these Regulations shall be that the teacher's remuneration in respect of any period beginning on or after the first relevant date and ending before the second relevant date is deemed to be that which he would have received had he then enjoyed the benefit of, subject to paragraph (3), the specified scales of remuneration.

(3) Where the Secretary of State, having been satisfied as mentioned in paragraph (1), is further satisfied that—

(a) it has been recognised as mentioned in paragraph (1)(a) that more favourable specified scales of remuneration would have been appropriate as at a date falling between the above-mentioned first and second relevant dates, but

(b) those scales only became operative as mentioned in paragraph (1)(b) on the second relevant date,

then, as respects any period beginning on or after the date first mentioned in this paragraph and ending before the second relevant date, paragraph (2) shall have effect as if the reference therein to the specified scales of remuneration were a reference to those more favourable scales.

(4) This Regulation shall apply in the case of a teacher not on an incremental scale of remuneration as though for any reference to scales of remuneration there were substituted a reference to a rate of remuneration.

5.  For the purposes of these Regulations, the Secretary of State shall be entitled to rely upon a certificate given by an authority or persons employing a teacher during any period beginning on or after 1st April 1979 and ending before 1st September or, as the case may be, 1st October 1980 as to whether or not he is a teacher to whom Regulation 3 applies by virtue of paragraph (1)(c) thereof or a teacher to whom Regulation 4 applies and as to the remuneration which he would have received on the hypotheses set out in Regulation 3 or, as the case may be, Regulation 4.

6.—(1) Where for the purposes of determining under the principal Regulations the amount of any benefit or transfer value payable in the case of a teacher to whom Regulation 3 or 4 applies by reference (directly or indirectly) to his salary or average salary, account falls to be taken of sums payable to the teacher in respect of employment in reckonable service in a period beginning on or after 1st April 1979 and ending before 1st September or, as the case may be, 1st October 1980, account shall instead be taken of the sums which would have been so payable on the hypotheses set out in Regulation 3 or, as the case may be, in Regulation 4.

(2) Where paragraph (1) applies for the purpose of determining the amount of any benefit then, in relation to that benefit, section 8(2) of the Pensions (Increase) Act 1971 shall have effect as if the sums last mentioned in paragraph (1) were the teacher's emoluments for the period in question.

(3) Notwithstanding anything in paragraph (1), that paragraph shall not affect the calculation of a teacher's previous salary for the purposes of Regulation 75 of the principal Regulations (abatement of annual allowance on reemployment).

7.—(1) This Regulation shall apply to a teacher—

(a) in whose case the Secretary of State is of the opinion that, if he had not ceased to be employed in reckonable service, Regulation 3 or 4 would have applied to him, and

(b) who has paid contributions in accordance with Regulation 31 of the principal Regulations (contributions for current added years) in respect of a period beginning on or after 1st April 1979 and ending before 1st September or 1st October 1980, as the case may be.

(2) In the case of such a teacher Regulation 9(2) of the principal Regulations (average salary) shall have effect as if the salary there referred to were, as respects such a period, what it would have been if it had been determined for the purposes of Regulation 31 of the principal Regulations on the hypotheses set out in Regulation 3 or, as the case may be, Regulation 4.

8.—(1) This Regulation shall apply to a teacher—

(a) who became employed in reckonable service as a teacher to whom Regulation 3 or 4 applies on or after 1st April 1979 but before 1st September or, as the case may be, before 1st October 1980;

(b) in whose case the Secretary of State receives a transfer value in pursuance of an election made on or after 1st August 1981 by the teacher for the purposes of Regulation 82(1) of the principal Regulations, and

(c) in whose case paragraph 7(c) of Part 2 of Schedule 7 to the principal Regulations (reckoning of service where a transfer value is received and the teacher's former superannuation scheme was not a statutory one and is not treated as such) applies for the purposes of calculating the reckonable service with which he is to be credited.

(2) Where under the said paragraph 7(c) account falls to be taken of the teacher's full salary at the rate payable to him on the day on which he became employed in reckonable service, account shall instead be taken of the full salary which would have been so payable on the hypotheses set out in Regulation 3 or, as the case may be, Regulation 4.

9.—(1) Save as provided in paragraph (2), in paragraph 7(b)(i) of Part 2 of Schedule 7 to the principal Regulations (reckoning of service where a transfer value is received and the teacher's former superannuation scheme was a statutory one or is treated as such) for the words “as the salary payable to him, on the last day on which he was a member of that scheme; and” there shall be substituted the words “as the salary (whether actual or notional) by reference to which (directly or indirectly) the transfer value paid to the Secretary of State was calculated; and”.

(2) The said paragraph 7(b)(i) shall have effect as if this Regulation had not been made where the transfer value is received by the Secretary of State in pursuance of an election made before 1st August 1981 by the teacher for the purposes of Regulation 82(1) of the principal Regulations.

Mark Carlisle

Secretary of State for Education and Science

24th June 1981

Consent of the Minister for the Civil Service given under her Official Seal on 26th June 1981.

L.S.

T. A. A. Hart

Authorised by the Minister for the Civil Service