The Teachers' Superannuation (Scotland) Regulations 1993

Classification of teachers

2.—(1) For the purposes of this Part–

(a) “existing teacher” means–

(i) a teacher who was employed in pensionable employment at any time before 1st July 1948 whether or not his contributions in respect of that employment were returned to him; or

(ii) a teacher who before 1st March 1948 had completed a course approved for the purposes of this Part by the Secretary of State (“an approved course”) or was engaged on an approved course, or had been accepted or provisionally accepted for an approved course, or had applied to be accepted for and had as a result of that application subsequently become engaged on an approved course and had entered pensionable employment within 6 months of completing the said approved course;

(b) “new entrant teacher” means either–

(i) a teacher who enters pensionable employment for the first time on or after 1st July 1948; or

(ii) a teacher to whom sub-paragraph (a) applies and who makes an election under sub-paragraph (3).

(2) An existing teacher shall be unmodified, that is to say, shall be a teacher to whom the national insurance modifications do not apply; and a new entrant teacher shall be modified, that is to say, shall be a teacher to whom the national insurance modifications apply.

(3) An existing teacher in pensionable employment on 1st July 1948 shall remain unmodified unless he elected on or before 30th September 1948 to be modified or, if he was not in pensionable employment on 1st July 1948, so elects within 3 months after the date on which he first enters or re-enters pensionable employment. Notice so given is irrevocable.

(4) Where a teacher was employed in comparable British service, or in other employment in respect of which a transfer value has been received, he shall on entering pensionable employment retain the classification which in the opinion of the Secretary of State corresponds to his classification in his former superannuation scheme, and where his classification has not been so determined the provisions of sub-paragraph (3) shall apply to him as they apply to a teacher who was not in pensionable employment on 1st July 1948.