The Teachers' Superannuation (Amendment) Regulations 1993

Average salary

19.  Regulation E29 of the principal Regulations is amended—

(a) in paragraph (2), by inserting at the end of sub-paragraph (d) the word “and” and by inserting after sub-paragraph (d) the following:

“(e) any period counting as reckonable service by virtue of regulation C8A (service in a reserve force).”; and

(b) by substituting for paragraphs (9) and (10) the following:

“(9) Subject to paragraphs (11) and (12), in the case of a person to whom on the material date remuneration provisions did apply, an increase in his contributable salary the main object, or one of the main objects, of which was to increase his average salary (and accordingly his retirement benefits) is to be treated as having increased his average salary by no more than the amount by which it would have been increased if he had instead received, on the material date, the standard increase of salary.

(10) Subject to paragraphs (11) and (13), in the case of a person to whom on the material date remuneration provisions did not apply, an increase in his contributable salary the main object, or one of the main objects, of which was to increase his average salary (and accordingly his retirement benefits) is to be treated as having increased his average salary by no more than the amount by which it would have been increased if he had instead received, on the material date, the standard increase of salary.

(11) For the purposes of paragraphs (9), (10), (12) and (13) the material date is the date on which the increase of salary took effect and remuneration provisions are—

(a) in relation to any time before 1st January 1987, those of the Remuneration of Teachers Act 1965(1),

(b) in relation to any time after 31st December 1986 and before 1st April 1992, those of the Teachers' Pay and Conditions Act 1987(2), and

(c) in relation to any time after 31st March 1992, those of the School Teachers' Pay and Conditions Act 1991(3).

(12) For the purposes of paragraph (9), the standard increase of salary is the increase, if any, that would have been received on the material date by the person in question in accordance with the remuneration provisions had he not received the increase in salary referred to in that paragraph or, if he would have received no increase on that date in accordance with those provisions, the next increase that would have been received by him in accordance with those provisions.

(13) For the purposes of paragraph (10), the standard increase of salary is the average percentage of the increases, if any, that would have been received on the material date by persons (“the comparable employees”) who were employed at the school where the person in question was employed and whose circumstances corresponded most closely to those of that person or, if there were no comparable employees, by persons who were employed as teachers at that school or, if the comparable employees or the persons so employed as teachers (as the case may be) would have received no increases on that date, the next increases they would have received.”.

(1)

1965 c. 3.

(2)

1987 c. 1.

(3)

1991 c. 49.