SCHEDULE 1Glossary of expressions

Regulation 2

Annotations:
Marginal Citations
M21

1965 c.51; relevant provisions were continues in force by S.I. 1974/2057

M23

S.I. 1999/3312 to which there are amendments not relevant to these Regulations.

M24

Section 101B was inserted by section 37 of the Welfare Reform and Pensions Act 1999 (c.30).

M26

Section 9(2B) was inserted by section 136 of the Pensions Act 1995 (c.26).

Expression

Meaning

CA 2006

the Companies Act 2006 M1.

EA 1996

the Education Act 1996 M2.

EA 2002

the Education Act 2002 M3.

FA 2004

the Finance Act 2004 M4.

IA 1986

the Insolvency Act 1986 M5.

NHSA 2006

the National Health Service Act 2006 M6.

NHSWA 2006

the National Health Service (Wales) Act 2006 M7.

PA 1995

the Pensions Act 1995 M8.

PIA 1971

the Pensions (Increase ) Act 1971 M9.

PSA 1993

the Pension Schemes Act 1993 M10.

SA 1972

the Superannuation Act 1972 M11.

SVGA 2006

the Safeguarding Vulnerable Groups Act 2006 M12.

WRPA 1999

the Welfare Reform and Pensions Act 1999 M13.

TPR 1997

the Teachers' Pensions Regulations 1997 M14.

TPRAR 2006

the Teachers' Pensions etc. (Reform Amendments) Regulations 2006 M15.

TSR 1967

the Teachers' Superannuation Regulations 1967 M16.

TSR 1976

the Teachers' Superannuation Regulations 1976 M17.

TSR 1988

the Teachers' Superannuation (Consolidation) Regulations 1988 M18.

TSAVCR 1994

the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1994 M19.

2007 or later entrant

see regulation 47 (“2007 or later entrant”: meaning and normal pension age).

Academy

construe in accordance with section 482 of EA 1996 and sections 67 and 68 of EA 2002.

accepted school

see regulation 13 (accepted schools).

actuarial

determined by, or in accordance with tables prepared by, the scheme actuary.

additional pension

a pension payable under regulation 73 (election to receive additional pension with phased retirement pension) or 75 (additional pension paid with retirement pension).

admitted service

see regulation 80 (admitted service benefits).

admitted service benefits

an admitted service pension and any admitted service lump sum payable with the admitted service pension.

admitted service lump sum

a lump sum payable under regulation 80 (admitted service benefits).

admitted service pension

a pension payable under regulation 80 (admitted service benefits).

adoption leave

the same meaning as in the Paternity and Adoption Leave Regulations 2002 M20.

adult pension

see regulation 94 (adult pensions).

adult pension qualification service

see Schedule 8 (adult pension qualification service).

appropriate factor

see regulation 130 (appropriate factor).

average salary

see Part 5 (average salary).

average salary service

see regulation 40 (average salary: supplemental).

career break

a period when, with the agreement of the person's former employer, the person is not in pensionable employment but expects to return to employment with the same employer and during which the person does not take up any other employment.

Case (followed by a letter)

see regulation 60(11).

cash equivalent

a cash equivalent mentioned in section 94 (1) of PSA 1993.

child pension

see regulation 97 (child pensions).

club scheme

a registered pension scheme which

(a) is a contracted-out scheme or is a scheme established and maintained in the Channel Islands or the Isle of Man which is not a contracted-out scheme,

(b) is a final salary scheme,

(c) is a scheme which is open to new participants (“open scheme”) or, if not a scheme so open (“closed scheme”), is a scheme whose trustees or managers also provide an open scheme which is a scheme for new employees of the same employer and of the same grade or level of post as participants of the closed scheme, and

(d) is a scheme whose trustees or managers have undertaken to comply with the reciprocal arrangements for the payment and receipt of transfer values agreed from time to time between the trustees or managers of such a scheme.

COBISEC

the Council of British Independent Schools in the European Communities.

comparable British scheme

a pension scheme for teachers in public employment in any part of the British Islands outside England and Wales.

comparable British service

service pensionable under a comparable British scheme.

comparable United Kingdom scheme

a pension scheme for teachers in public employment in any part of the United Kingdom outside England and Wales.

comparable United Kingdom service

service pensionable under a comparable United Kingdom scheme.

condition for retirement

see regulation 60(2) (retirement benefits)

condition for retirement following further employment

see regulation 60(3) (retirement benefits)

contracted-out employment,

construe in accordance with section 8(1) of PSA 1993.

contracted-out scheme

construe in accordance with section 7(3) of PSA 1993.

contributable salary

see Chapter 1 of Part 3.

contributions equivalent premium

a premium under section 55(2) of PSA 1993.

contributions refund period

a period in respect of which contributions have been or are to be repaid and—

(a) have not been, or fallen to be treated as having been, refunded, or

(b) have been returned but have since been repaid.

death grant beneficiary

see regulations 82 (person to whom death grant is payable) and 103 (person to whom death grant is payable on death of pension credit member).

disqualifying break

see regulation 53 (meaning of “disqualifying break” and “post-break employment start date”).

education functions

the same meaning as in EA 1996.

eligible child

see regulation 93 (meaning of “eligible child”).

employer (in the context of a person employed in or in connection with a school maintained by a local authority).

see regulation 3 ( meaning of “employer” in certain cases)..

employed

employed under a contract of employment.

employment

employment under a contract of employment.

equivalent pension benefits

The meaning in section 57(1) of the National Insurance Act 1965 M21.

excluded employment

see regulation 7(12) (employment not pensionable; general).

family benefit service

see Schedule 9 (family benefit service).

financial year

the 12 months ending with 31st March in any year.

full-time employment

employment is “full-time” if the contract of employment so describes it (whether in those terms or otherwise) and requires the employee to work for the whole of the working week.

function provider

see regulation 14 (accepted function providers).

further education

the meaning given in section 2(3) of EA 1996.

further employment

see regulation 4 (meaning of “further employment”).

GMP age

65 in the case of a man or 60 in the case of a woman.

guaranteed minimum

a guaranteed minimum under section 14 of PSA 1993.

guaranteed minimum pension

the meaning given in section 8(2) of PSA 1993.

higher education

the meaning given in section 120(1) of the Education Reform Act 1988 M22.

incapacitated

unfit by reason of illness or injury and despite appropriate medical treatment to serve as a teacher, organiser or supervisor.

ill-health retirement benefits

an ill-health pension and any ill-health lump sum payable with the ill-health pension.

ill-health lump sum

a retirement lump sum payable because Case C applies to the reckonable service or to part of the reckonable service of a person.

ill-health pension

a retirement pension payable because Case C applies to the reckonable service or to part of the reckonable service of a person.

initiated (in the context of a payment)

see regulation 136 (meaning of payment being “initiated”).

local authority

a

a county council

b

a metropolitan district council

c

a non-metropolitan district council for an area for which there is no county council

d

a county borough council (in Wales)

e

a London borough council

f

the Common Council of the City of London

g

the Council of the Isles of Scilly

maternity leave

ordinary or additional maternity leave within the meaning of the Maternity and Parental Leave etc. Regulations 1999 M23

non-pensionable family leave

a period of adoption, maternity, parental or paternity leave during which the employee—

a

is not paid or is paid less than half the salary, and

b

receives no statutory pay.

non-pensionable sick leave

sick leave taken with the consent of the employer during which the employee is not paid or is paid less than half the salary.

non-profit-making body

a body, the constitution of which—

a

requires any surplus income or gains to be invested,

b

prohibits the distribution of the assets of the body, in cash or kind, by way of dividend, bonus or otherwise by way of profit to any member of the body or to a third party (other than for charitable purposes), and

c

provides for any net assets on the dissolution of the body to be applied for charitable purposes or for the purposes for which the body existed before its dissolution.

normal pension age

see regulations 47 to 49 or (in relation to pension credit members) regulation 102(2).

NPA 60 reckonable service

see regulation 50 (meaning of “NPA 60 reckonable service” and “NPA 65 reckonable service”).

NPA 65 reckonable service

see regulation 50 (meaning of “NPA 60 reckonable service” and “NPA 65 reckonable service”).

occupational pension scheme

the meaning given in section 1 of PSA 1993.

organiser

a person who performs duties in connection with the provision of education or services ancillary to education other than administrative services.

parental leave

leave within the meaning of Part 3 of the Maternity and Parental Leave etc. Regulations 1999.

part cash equivalent

the cash equivalent of any part of the benefits mentioned in section 94(1) of PSA 1993 which is prescribed under section 98(1) of that Act (continuation in employment after termination of pensionable service.).

part-time

employment is “part-time” if the contract requires the employee to work for less than the whole of the working week.

paternity leave

the meaning in the Paternity and Adoption Leave Regulations 2002.

payment in lieu of contributions

a payment in lieu of contributions under Part 3 of the National Insurance Act 1965.

pensionable employment

see Part 2 (pensionable employment).

pension credit

a credit under section 29(1)(b) of the WRPA 1999 as against the Secretary of State as the person responsible for the pension scheme contributed by these Regulations.

pension credit retirement benefits

A pension credit retirement pension and any pension credit retirement lump sum payable with the pension credit retirement pension .

pension credit retirement lump sum

a lump sum payable under regulation 105(3) (pension credit retirement benefits).

pension credit retirement pension

a pension payable under regulation 105(1) (pension credit retirement benefits).

pension credit member

a person entitled to a pension credit.

pension credit rights

the meaning in section 101B of PSA 1993 M24.

pension debit member

(in relation to a pension credit member) the person whose rights under these Regulations become subject to a debt under section 29(1)(a) of WRPA 1999 when the pension credit member becomes entitled to a pension credit.

pension sharing order

(in relation to a pension credit member) the pension sharing order or other provision by virtue of the taking effect of which the pension credit member becomes entitled to a pension credit.

permitted maximum

the amount determined in accordance with paragraph 2 of Schedule 29 to FA 2004.

person with mixed service

see regulation 48 (“person with mixed service”: meaning and normal pension age).

personal pension scheme

a personal pension scheme as defined in section 1 of PSA 1993.

phased retirement benefits

a retirement pension and any retirement lump sum payable with the phased retirement pension.

phased retirement lump sum

a lump sum payable under regulation 58(4) (phased retirement benefits).

phased retirement pension

a pension payable under regulation 58(2) (phased retirement benefits).

post-break employment start date

see regulation 53 (meaning of “disqualifying break” and “post-break employment start date”).

pre-2007 entrant

see regulation 49 (“pre-2007 entrant”: meaning and normal pension age)

previous provisions

provision contained in or made under an enactment relating to the superannuation of teachers which were in force at any time before 1st January 1977.

proprietor

in relation to a school or other establishment, means the person or body of persons responsible for the management of the school or other establishment.

public sector TUPE transferee

see regulation 52 (meaning of “public sector TUPE transferee, etc.”).

public sector TUPE transferee with NPA 60 rights

see regulation 52(3) (meaning of “public sector TUPE transferee, etc.”).

public sector TUPE transferee with NPA 60 and NPA 65 rights

see regulation 52(4) (meaning of public sector TUPE transferee, etc.).

Qualified for retirement benefits

see regulation 54 (meaning of “qualified for retirement benefits”).

qualified for retirement benefits following further employment

see regulation 56 (meaning of “qualified for retirement benefits following further employment”).

reckonable service

see Part 6 (reckonable service).

registered pension scheme

the meaning in section 150(2) of FA 2004.

regulation C9 of TPR 1997

that regulation as it had effect before 1st January 2007 and —

(a) as it had effect from 1st January 2007 until 1st September 2010 by virtue of paragraphs 8 and 9 of Schedule 5 to TPRAR 2006,

(b) as it has effect by virtue of paragraph 11 of Schedule 13 (Savings and Transitional Provisions)

retail prices index

the index of retail prices published by the Office for National Statistics

retirement benefits

a retirement pension and any retirement lump sum payable with the retirement pension.

retirement benefits qualification service

see regulation 55 (retirement benefits qualification service).

retirement lump sum

a lump sum payable under regulation 60 (retirement benefits).

retirement pension

a pension payable under regulation 60 (retirement benefits).

scheme actuary

the person appointed by the Secretary of State for the time being to provide a consulting service on actuarial matters.

scheme managers

in relation to statutory scheme, the expression means the Minister of the Crown or other body administering the scheme; in relation to any other scheme, it means the person responsible for the management of the scheme.

section 9(2B) rights

rights (other than rights attributable to voluntary contribution within the meaning of section 111 of PSA 1993) which are attributable to an earners' service (as defined in sections 3, 4 and 112 of the Social Security Contributions and Benefits Act 1992 M25) on or after 6th April 1997 in employment which is contracted out in accordance with section 9(2B) of PSA 1993 M26.

short-service annuity

an annuity payable under regulation 77 or 78 (short-service annuities).

short-service serious-ill health grant

a grant payable under regulation 79 (short-service serious ill-health grant).

short-service incapacity grant

a short-service incapacity grant paid before 1st September 2010 under regulation E17 of TPR 1997.

special school

the meaning in section 337 of EA 1996.

specified country service

(a) service before 25th March 1972 which was, for the purpose of Part 9 of TSR 1967, service in a specified country as a services civilian teacher,

(b) service after 24th March 1972 and before 1st January 1977 which, if section 25 of the Superannuation Act 1965 M27 had continued in force, would have been such service as is mentioned in paragraph (a), or

(c) service after 31st December 1976 and before 1st January 1980 in continuation of such service as is mentioned in paragraph (b) .

standard rate (in the context of interest)

see regulation 129 (meaning of “standard rate” of interest).

state pensionable age

pensionable age within the meaning given by the rules in paragraph 1 of Schedule 4 to PA 1995.

supervisor

a person employed in a capacity connected with education which to a substantial extent involves the control or supervision of teachers.

surviving nominated beneficiary

see regulation 91(5) .

surviving nominated partner

see regulation 90(4).

tax year

the 12 months beginning with 6th April in any year.

teacher's pension

an annual allowance which becomes payable under TSR 1976 or previous provisions or a retirement pension.

terminal sum

a retirement lump sum, a short-service incapacity grant, a short-service serious ill health grant, a refund of contributions or any sum payable on death.

total incapacity benefits

a total incapacity pension and any total incapacity lump sum payable with the total incapacity pension

total incapacity lump sum

a lump sum payable under regulation 65 (total incapacity benefits).

total incapacity pension

a pension payable under regulation 65 (total incapacity benefits).

transfer of undertakings

(a) where the transfer takes place or after 6th April 2006, a relevant transfer within the meaning of the Transfer of Undertakings

(Protection of Employment) Regulations 2006 M28; and

(b) where the transfer takes place before that date, a transfer of undertakings within the meaning given by the Transfer of Undertakings (Protection of Employment) Regulations 1981 M29.

transfer day

(in relation to a pension sharing order) the day on which the pension sharing order takes effect.

transfer value (in the context of payment of a transfer value)

a transfer value paid under regulation 31 (payment of transfer values) or regulation 33 (payment of bulk transfer values).

transfer value (in the context of acceptance of a transfer value)

a transfer value accepted under regulation 35 (acceptance of transfer values) or regulation 36 (acceptance of bulk transfer values).

UK transferee with NPA 60 rights

see regulation 51(1) (meaning of UK transferee with NPA 60 rights, etc.).

UK transferee with NPA 60 and NPA 65 rights

see regulation 51(2) (meaning of UK transferee with NPA 60 rights, etc.).

widower with pre-1988 rights

the widower of a woman in pensionable employment at any time before 6th April 1988 whose nomination under regulation 65 of TSR 1976 (nomination of beneficiaries) before that date was—

a

a nomination of that widower,

b

a nomination of another person which was revoked in favour of that widower, or

c

a nomination of another person which became void when the woman married that widower or another person.