The Teachers' Superannuation (Scotland) Regulations 1993

Return of certain contributions paid for family benefits

C12.—(1) This paragraph applies where a member who has made no election under paragraph 3 of Schedule 6 (election to pay additional contributions)–

(a) becomes entitled under regulation C10 to the return of the balance of his contributions; or

(b) becomes entitled to have a transfer value paid under regulation F1, unless by giving written notice to the Secretary of State he elects that this regulation is not to apply; or

(c) becomes entitled to payment of retiring allowances, unless on his death family benefits would become payable.

(2) Where paragraph (1) applies the member is entitled to be repaid an amount calculated in accordance with paragraphs (3) to (5).

(3) Where no family benefit would have been payable if the member had died before 1st April 1972, the amount includes the whole of the member’s normal contributions and any additional contributions.

(4) Where paragraph (3) does not apply, the amount includes–

(a) half the normal contributions paid in respect of any period during which family benefits would have been payable in the event of the member’s death; and

(b) the whole of the normal contributions paid in respect of any other period; and

(c) the whole of any additional contributions.

(5) The remainder of the amount consists of interest at 3 per cent per annum, compounded with yearly rests, from the first day of the financial year following that in which the contributions were paid to–

(a) the date of the calculation; or

(b) the member’s 70th birthday; or

(c) the date of the member’s death,

• whichever is the earliest.

(6) There is to be deducted from the amount the tax chargeable on it under section 598 of the Taxes Act.

(7) Where a member who has made no election under paragraph 3 of Schedule 6 dies and–

(a) he was entitled under regulation C10 to be repaid the balance of his contributions; or

(b) a death gratuity is payable under regulation E19 and no family benefit other than a children’s pension is payable,

• the member’s personal representatives are entitled to be paid an amount calculated in accordance with paragraphs (3) to (5) but with the interest component calculated to the date of the member’s death.