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. |