The Teachers' Superannuation (Scotland) Regulations 1993

Enhancement of retiring allowances in case of incapacity

E9.—(1) Subject to paragraph (2), this regulation applies to a teacher who has become entitled to payment of retiring allowances by virtue of regulation E5(1)(e) by reason of his becoming incapacitated while employed in pensionable employment, but only if–

(a) he had completed periods of the kind described in Part 1 of Schedule 8 totalling at least 5 years, excluding any period in respect of which contributions have been returned to him and not repaid to the Secretary of State; and

(b) the application for payment of retiring allowances under regulation E5(1)(e) is made within 12 months after the end of his pensionable employment or such longer period as may be approved by the Secretary of State.

(2) In relation to a teacher who was, or has at any time been, in part-time service which was pensionable employment, this regulation shall not apply unless the aggregate of the periods of contract of employment during which the part-time service was given and the period of full-time service, if any, extends to at least 5 years.

(3) Subject to regulation E30(2) (limitation of effective reckonable service to 45 years, etc), for the purpose of calculating his retiring allowances the effective reckonable service of a teacher to whom this regulation applies shall be treated as having been increased by the appropriate period.

(4) If the teacher’s relevant service amounts to at least 5 years but less than 10 years, the appropriate period is the shorter of–

(a) the length of his relevant service; and

(b) the period beginning when his pensionable employment ended and ending immediately before his 65th birthday.

(5) If his relevant service amounts to 10 years or more, the appropriate period is the longer of period A and B.

(6) Period A is the shortest of–

(a) the period by which his relevant service falls short of 40 years;

(b) the period beginning when his pensionable employment ended and ending immediately before his 60th birthday; and

(c) 6 years and 243 days.

(7) Period B is so much of the period beginning when his pensionable employment ended and ending immediately before his 65th birthday as would not cause his effective reckonable service to be increased to more than 20 years.

(8) A teacher’s relevant service is so much of his effective reckonable service as does not consist of periods that count by virtue of regulation D3 (past added years purchased by additional contributions).