The Teachers' Superannuation (Scotland) Regulations 1993

Regulations C3 and C8

SCHEDULE 3 MAXIMUM PURCHASE OF ADDED YEARS

1.—(1) Subject to paragraph 2, the maximum length of the period in respect of which an election may be made under regulation C3 or C8 is

A - B,

where–

• A is the length of time specified in the second column of the Table below against the teacher’s adjusted age, and B

• is the length of any additional period already purchased or in course of being purchased by the teacher.

TABLE

Adjusted age	Length of time
Under 50	30 years
50 and under 51	23 years
51 and under 52	16 years
52 and under 53	9 years
53 and under 54	2 Years
54 and over	Twice the difference in days between the adjusted age and 55 years

(2) A teacher’s adjusted age–

(a) if he has continued in pensionable employment since the start of his first such employment and has not been credited with reckonable service on the receipt of a transfer value in respect of comparable British service, is the teacher’s age at the start of his first pensionable employment; and

(b) in any other case, is

C - D,

where–

• C is the teacher’s age at the start of his most recent pensionable employment, and

• D is the total of the time the teacher had then spent in pensionable employment and the length of any reckonable service with which he has been credited on the receipt of a transfer value in respect of comparable British service.

2.—(1) This paragraph applies to a teacher who at the start of his most recent pensionable employment was entitled in respect of a former employment to material benefits, whether or not they had then become payable.

(2) Material benefits comprise–

(a) any benefits by way of pension, allowance, lump sum or gratuity whose actuarial equivalent as an annuity for life from the age of 60 would be more than £104 per year or such higher amount as may be prescribed from time to time by Regulations made under paragraph 15(4) of Schedule 16 to the Social Security Act 1973(1) and section 39(1) of the Pensions Act, and

(b) any refund of contributions which, together with any interest payable, exceeded £2,000.

(3) Where this paragraph applies and the number of years calculated in accordance with sub-paragraph (4) is lower than the number specified against the teacher’s adjusted age in the Table, paragraph 1(1) applies with the substitution of that lower number as “A ”.

(4) The number of years is the highest one that secures that

E + F + G does not exceed H,

where–

• E is the actuarial equivalent as an annuity for life from the age of 60 of any material benefits,

• F is the actuarial equivalent as such an annuity of the notional retirement lump sum,

• G is the annual amount of the notional pension, and

• H is two thirds of the notional pensionable salary.

(5) The notional retirement lump sum, pension and pensionable salary–

(a) where the election is made before the teacher attains the age of 60, are those resulting from the assumptions that he continues in pensionable employment until that age and then becomes entitled to retiring allowances and that the salary scale applicable at the date of the election continues to apply; and

(b) where the election is made after the teacher has attained the age of 60, are those resulting from the assumptions that he ceased to be in pensionable employment on his 60th birthday and then became entitled to retiring allowances.

3.—(1) This paragraph applies where a teacher–

(a) has elected to pay additional contributions to purchase past added years under regulation C3; or

(b) has continued to pay additional contributions to purchase past added years by virtue of regulation C5(1) (elections made before 31st October 1983),

• and before attaining the age of 60 and before the end of the period during which they were to be paid he ceases to be in pensionable employment, otherwise than by reason of his death or his becoming incapacitated or circumstances rendering him entitled to retiring allowances by virtue of regulation E5(1)(f).

(2) Where this paragraph applies, any right to elect to make a lump sum payment may be exercised only to the extent that it does not result in the addition to the service that the teacher would otherwise have been entitled to count as reckonable service of more than–

where–

• A is the longest period in respect of which he could have elected to pay the additional contributions,

• B is the length of his reckonable service, excluding any past period reckonable by virtue of additional contributions, when he ceased to be in pensionable employment,

• C is the total of B and the period beginning at the cessation and ending immediately before his 60th birthday, and

• D is the length of the past period or periods reckonable at the time of the cessation by virtue of all additional contributions.

(1)

1973 c. 38; paragraph 15(4) of Schedule 16 was amended by the Social Security Act 1989 (c. 24), Schedule 6, paragraph 4(c).