The Teachers' Superannuation (Consolidation) Regulations 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate the Regulations revoked by regulation H8 and Schedule 14, comprising the bulk of the Regulations applying to England and Wales made under section 9 of the Superannuation Act 1972.

There are a number of changes of effect, described in the Table below. Except where otherwise indicated, references in the second column are to the Teachers' Superannuation Regulations 1976 as amended from time to time.

TABLE

Consolidated provisions	Corresponding revoked provisions	Subject	Changes
r.B4(6)	r.6(3)	Accepted schools	Effective date of acceptance simplified.
r.B4(9)	r.6	Same	Fresh application required where previous accepted status lost.
r.B5(1)(b)	r.4(3)	Pensionable employment	Time limits on absences not reproduced.
r.C1(5)	r.13(2)	Notional salary of services education officer	Recent changes in statutory determination of teachers' pay reflected.
r.C1(6)—(11)	r.14(2), (3)	Election on reduction of salary	Procedural and other deficiencies supplied.
r.C3(14)	r.24(9)(b)	Election to pay additional contributions	Nullity an automatic, not discretionary, consequence of dishonest health declaration.
r.C6	S.I. 1982/46 r.15, r.16	Reduction of extra purchased service on account of war service credit	Reduction automatic, not elective; application extended to purchases made by widow or dependant.
r.C8(1)	r.30(1), (2)	Additional contributions by former employees	Application further restricted; casual employees and certain others excluded.
r.C8(2), (3), (5)	r.30(1), (2)	Same	Start of period identified; period to terminate on non-payment of contribution.
r.C8(8)	r.31(2)	Same	Requirement of payment by end of financial year relaxed.
r.C8(9)	r.31(4)	Same	Interest payable where late payment accepted.
r.C11(3)	r.49(2), (4)	Interest on repaid contributions	Adjustment to date from which interest runs.
r.C12(5)	r.50(2)	Interest on repaid family benefit contributions	Adjustment to date to which interest runs.
r.C14(1)	r.19(2), (3)	Election to return repaid contributions	Written notice required.
r.D4(b)	r.4(1)(b)	Service purchased by additional contributions	Period counts only at proportionate length where employment was part-time.
r.D5(1), r.D6(2), (3)	S.I. 1982/46 r.2(2), r.3(1), (2), r.8(1)	War service: whether transfer value necessary	No transfer value necessary where employee transferred from local government service in United Kingdom.
r.E7(4)	r.73	Limits on lump sum benefits	Limit imposed where service is 20 years or more.
r.E8(7)(b)	r.54(3), r.56(4)	Incapacity: enhancement of benefits	War service excluded from relevant service.
r.E13(2)	r.78(1)	Pension ceasing where incapacity ceases	Pension ceases on, not on “approved” date after, cessation of incapacity.
r.E13(4)	r.78(3)	Resumption of payment restricted	No resumption where pensioner has been in pensionable employment after first becoming entitled to pension.
r.E14(1)	r.75(1), (4)	Abatement of pension during further employment	Now applies only to teaching employment.
r.E19(1), (3), (6), (7)	r.58(1), (2)	Death grants	Payment now discretionary, and to be made to any surviving spouse.
r.E19(1)(b)	r.58(1)	Same	Grant may be paid on death of ex-employee who was paying additional contributions.
r.E19(4)(b)	r.58(2)	Same	More restrictive condition where employment ceases after commencement of consolidation.
r.E19(5)	r.58(2)	Same	Grant reduced by amount of any previous lump sum benefit.
r.E20(1)(b)	r.60(1), (2)	Supplementary death grants	Not payable on death in pensionable employment.
r.E20(4)(a)	r.60(4)	Same	Reduction in pension on re-employment or to avoid duplication is to be disregarded.
r.E29(6)	r.9(6)	“Full salary” for calculating average salary	Includes salary for certain periods when not in pensionable employment.
r.E29(9), (10)	r.9(5)	Excessive salary increases affecting average salary	Application restricted; amount to be taken into account no longer discretionary.
r.E30(4)	r.56(5)	Lump sum benefits: limited counting of extra periods purchased	Application determined by reference also to certain periods when not in pensionable employment; now applies only to past periods.
—	r.72(1A)	Benefits: exclusion of service where shortfall in contributions	Provision not reproduced.
r.E31(4)	r.93(2)	Intervals at which pensions payable	Interval is now one month instead of 3 months.
r.G2(1)	r.86	Superannuation account: receipts	To be credited for year in which received.
r.G2(4)	r.86	Same	No credits in respect of payments of benefits attributable to service before June 1922.
r.G3	r.87	Superannuation account: payments	Above payments are not, but certain statutory payments are, to be debited.
r.H3(2)	r.92(1)	Provision of information	Includes information about former employees; provision within reasonable time may be required.
r.H4	r.94	Payment without proof of title	Not to exceed amount specified under 1965 c. 32 (instead of £5,000).
r.H7	r.97	Determination of questions	All questions arising under Regulations now to be determined by Secretary of State.
Sch. 2 paras 18, 19	Sch. 1 Part 2	Optionally pensionable employments	Additional categories.
Sch. 3 para 2	r.23	Maximum length of additional periods	Possibility of purchase after age 55 taken into account.
Sch. 4 para 15(4)	Sch. 2A Part III para 7(4)	Purchase of past period as service	Time limit for payment of lump sum to complete extra contributions.
Sch. 8 Part I	S.I. 1982/46 Sch. 1	War service: qualifying service	Local government service in United Kingdom included.
Sch. 9 para 2	r.53(1), (2)	Qualifying service	Now includes any past added years purchased.
Sch. 10 para 2(1)(b)	Sch. 9 para 3(1)(b)	National Insurance modification	Applies where employment began after March 1967.
Sch. 10 paras 27, 28	—	Admitted service	New provision.
Sch. 10 paras 31—33	—	Specified country service	New provision.
Sch. 13 para 4	Sch. 8 Part 1	Teachers' superannuation account	Form modified.