The Teachers' Superannuation (Scotland) Regulations 1993

Regulations C10, E4, E5, E9 AND E29

SCHEDULE 8 PERIODS MAKING UP QUALIFYING PERIOD

PART I

1.  A period of pensionable employment and, in relation to a woman teacher, any additional period of absence wholly or partly on account of pregnancy or confinement, which is not pensionable employment by virtue of regulation B5(2), so long as she enjoys the right to return to work under sections 45 and 47 of the Employment Protection (Consolidation) Act 1978(1).

2.  A period counting as reckonable service by virtue of regulation D3 (which applies where additional contributions have been paid for past added years) or regulation D4 (which applies where additional contributions have been paid for current added years).

3.  A period counting as specified country service.

4.  A period of service or employment in respect of which a transfer value has been received.

PART II

5.  A period of employment in the British Islands in a university, a university college or a college of a university, or as a full-time teacher, if–

(a) contributions in respect of the employment were payable under the Federated System of Superannuation for Universities before 1st April 1975; and

(b) the person’s accrued rights in respect of the employment up to that date were then transferred to the Universities Superannuation Scheme.

6.  A period of employment as an inspector appointed under section 77(2) of the Education Act 1944(2).

7.  A period of employment as a civil servant, if paragraph 10 of Schedule 2 to the 1969 Regulations became applicable to the employment.

8.  A period of pensionable employment in an educational capacity by the British Broadcasting Corporation.

9.  A period of service as a member of the House of Commons which was reckonable service within the meaning of the Parliamentary and other Pensions Act 1972(3).

10.  A period of employment as a civil servant in England, Wales or Scotland not falling within paragraph 7.

11.  A period of pensionable employment as a civil servant in Northern Ireland, the Isle of Man or the Channel Islands.

12.  A period of employment which was contributory service for the purposes of the Overseas Service Pensions (Scheme and Fund) Regulations 1966(4).

13.  A period of employment as a full-time teacher, or in a capacity involving to a substantial extent the control or supervision of teachers, or as a civil servant, in a country or territory which was at any time a country specified in section 1(3) of the British Nationality Act 1948(5) or a colony within the meaning of that Act, if–

(a) the employment was pensionable under any law for the time being in force in the country or territory; or

(b) the employer was the government of, or a public authority in, the country or territory and contributions in respect of the employment were payable to a provident fund.

14.  A period of pensionable employment in a university, a university college or a college of a university in such a country or territory as is mentioned in paragraph 13.

15.  A period of employment in the Republic of South Africa or in the mandated territory of South West Africa, if–

(a) had the employment been in such a country or territory as is mentioned in paragraph 13 it would have fallen within paragraph 13 or 14; and

(b) at some time during the 3 months ending with 30th May 1962 the person was employed in the Republic or in the mandated territory in service which was second class service for the purpose of regulation 6 of the Teachers (Superannuation) (Scotland) Regulations 1957(6).

16.  A period of employment as a full-time teacher while holding a commission in the naval, military or air forces of the Crown or in any of the women’s services that were mentioned in Schedule 4 to the Superannuation Act 1965(7), if retired pay is being earned in respect of the employment.

17.  A period of employment in respect of which contributions were payable to the Social Workers' Pension Fund.

18.  A period of employment not falling within paragraph 5 in respect of which contributions were payable under the Federated System of Superannuation for Universities.

19.  A period of employment by the British Council in respect of which contributions were payable under the British Council Overseas Service Pension Scheme.

20.  A period of employment as an officer of an employing authority within the meaning of the National Health Service (Superannuation) Regulations 1980(8) or the National Health Service (Superannuation) (Scotland) Regulations 1980(9).

21.  A period of employment in respect of which contributions were payable under the Federated Superannuation Scheme for Nurses and Hospital Officers, if–

(a) either the National Health Service (Superannuation) Regulations 1980 or the National Health Service (Superannuation) (Scotland) Regulations 1980 applied to the employment; or

(b) the employer was a scheduled body or a former local authority or a local Act authority, within the meaning of the Local Government Superannuation Regulations 1986(10) or the Local Government Superannuation (Scotland) Regulations 1987(11); or

(c) there were applicable to the employment any regulations or scheme made under section 2 or 5A of the Local Government (Superannuation) Act (Northern Ireland) 1950(12), under section 61 of the Health Services Act (Northern Ireland) 1948(13) or under article 12 or 14 of the Superannuation (Northern Ireland) Order 1972(14), or

(d) the employment was in a civil service in the British Islands.

22.  A period of employment to which rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948(15) (pensions of persons transferring to different employment) applied, if the person had previously been in pensionable employment.

23.  A period of pensionable employment by an association of teachers.

24.  A period of pensionable service as a clerk in holy orders or as a regular minister of any religious denomination.

(1)

1978 c. 44.

(2)

1944 c. 31.

(3)

1972 c. 48.

(4)

S.I. 1966/1629.

(5)

1948 c. 56.

(6)

S.I. 1957/356, revoked by S.I. 1969/77.

(7)

1965 c. 74; Schedule 4 was repealed by the Superannuation Act 1972 (c. 11), Schedule 8.

(8)

S.I. 1980/362; relevant amending instruments are S.I. 1982/288 and 1985/39.

(9)

S.I. 1980/1177, to which there are amendments not relevant to these Regulations.

(10)

S.I. 1986/24; relevant amending instrument is made by S.I. 1986/380.

(11)

S.I. 1987/1850, to which there are amendments not relevant to these Regulations.

(12)

1950 c. 10 (N.I.).

(13)

1948 c. 3 (N.I.).

(14)

S.I. 1972/1073 (N.I.10).

(15)

1948 c. 33; section 2 was amended by the Superannuation Act 1972 (c. 11), Schedule 6, paragraph 25.