The Teachers' Pensions (Amendment) Regulations 2005

Explanatory Note

(This note is not part of the Regulations.)

This instrument further amends the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1994 (“the AVC Regulations”), the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 (“the Compensation Regulations”) and the Teachers' Pensions Regulations 1997 (“the Pensions Regulations”).

The Pensions Regulations are the basis upon which the Teachers' Pension Scheme (“the Scheme”) operates. The AVC Regulations enable Scheme members to pay additional voluntary contributions. The Compensation Regulations provide for compensation to be paid to teachers in certain circumstances on termination of employment.

Most of the amendments made by this instrument make provision following the creation of the status of civil partner by the Civil Partnership Act 2004. In addition to minor and drafting amendments and those which correct errors, the following changes are made.

Regulation 3(3) amends regulation 2 of the AVC Regulations so that “dependant” includes a surviving civil partner.

Regulation 7 amends regulation 16 of the Compensation Regulations to provide for the period for which short- and long-term compensation is payable to the surviving civil partner of a teacher who was credited with a period of service on termination of employment.

Regulations 9 and 31 amend regulation B3 of and Schedule 2 to the Pensions Regulations so that Welbeck, the Defence Sixth Form College, may become a Scheme employer on the same basis as an independent school.

Regulations 10 and 32(2) to (5) and (7) amend regulation C11 and Schedule 6 to enable a Scheme member who forms a civil partnership to pay family benefit contributions in respect of periods of his service prior to 6th April 1988.

Regulation 12 amends regulation E1 to require a pension to be paid in certain circumstances to a surviving civil partner of a Scheme member who had a guaranteed minimum pension (within the meaning of the Pension Schemes Act 1993).(1)

Regulations 13 and 34 amend regulation E11 and Schedule 11 to enable a Scheme member to allocate his pension to provide an alternative benefit for his civil partner.

Regulations 14, 15 and 29 amend regulations E20, E21 and I7 to require any death grant or supplementary death grant to be paid, in the absence of a nominee, to the Scheme member’s surviving civil partner in the first instance.

Regulations 16(2), 18, 19, 20, 21(2) and (4) and 23(2), (3), (6) and (7) amend regulations E22 and E24 to E28 to provide for short- and long-term pensions to be paid to surviving civil partners of Scheme members.

Regulation 16(3) amends regulation E22 so that a “child” for the purposes of the Pensions Regulations does not include someone who is a civil partner.

Regulation 17 amends regulation E23 so that a civil partner cannot nominate, or be nominated as, a beneficiary to receive a survivor’s pension.

Regulations 20 (insofar as it relates to new regulation E26(5)), 21(2) and 23(5) clarify the circumstances in which a survivor’s pension is payable to both a widower and a beneficiary on the death of certain women members of the Scheme. No change of effect is intended.

Regulation 24 amends regulation E29 to provide for the calculation of long-term pensions payable to the children of Scheme members who are civil partners.

Regulation 25 amends regulation E30 which provides for the circumstances in which a survivor’s pension ceases to be payable.

Regulation 32(6) amends paragraph 14 of Part III of Schedule 6 to make it clear that a person paying family benefit contributions who ceases to be in pensionable employment but elects to pay an additional contribution under regulation C9 or C10 must continue to pay family benefit contributions based on his notional salary calculated in accordance with regulation C9 or C10.

Regulation 35 makes transitional provision for opting out where rights in relation to former Scheme members are adversely affected.

Some Scheme employers are in the business, charity and voluntary sectors. An assessment of the impact on these sectors together with the cost implications to public sector pension schemes (including the Scheme) of the provisions of this instrument is included in the regulatory impact assessment that accompanied the Civil Partnership Act 2004. A copy of that assessment has been placed in the library of each House of Parliament and can be viewed at http://www.dti.gov.uk/access/ria/index.htm#equality.

(1)

1993 c. 48.