The Teachers' Superannuation (Scotland) Regulations 1993

Payment of additional transfer values in respect of war service

F2.—(1) Subject to paragraph (2), this regulation applies to a teacher–

(a) to whom regulation 68 (war service) of the 1977 Regulations applied;

(b) who was alive on 1st September 1974;

(c) who last ceased to be in pensionable employment before that date;

(d) in respect of whom a transfer value became payable, by reason of that cessation, to the scheme managers of a public service pension scheme (“the new scheme”); and

(e) who by virtue of that transfer value was on 1st April 1978 entitled to reckon service for the purposes of the new scheme.

(2) This regulation does not apply if, after the end of his war service and before entering pensionable employment, the teacher was in service or employment in which he was subject to a superannuation scheme and in consequence of which he is, or is likely to become, entitled to reckon service for superannuation purposes by reason of war service.

(3) Subject to paragraphs (4), (5) and (7), if this regulation applies to a teacher an additional transfer value calculated in accordance with Part II of Schedule 11 shall be paid in respect of him to the scheme managers of the new scheme.

(4) The former teacher must–

(a) apply in writing to the Secretary of State, giving his date of birth, sex, the period of war service and any other particulars that are necessary to enable the Secretary of State to pay such an additional transfer value; and

(b) address the application in the first instance to the scheme managers of the new scheme.

(5) Where after 31st August 1974 a spouse’s or child’s pension becomes payable under the provisions of the new scheme in respect of a former teacher who, had he not died, could have applied for payment of a transfer value under this regulation, the person entitled to such a spouse’s or child’s pension may make a corresponding application.

(6) The period of reckonable service in respect of which the Secretary of State shall make the transfer value under this regulation shall be the period of war service multiplied by 46.5%.

(7) Where reciprocal arrangements between the Secretary of State and the managers of a public service pension scheme exist to waive payment of transfer values due and the said managers waive payment, the transfer value shall be deemed to have been paid for the purposes of this regulation; and the Secretary of State shall notify the said managers of the period of reckonable service calculated in accordance with paragraph (6) of this regulation.

(8) “Public service pension scheme” has the meaning assigned to it by regulation D5(2).