The Teachers' Pension Scheme Regulations 2014

PART 9 E+W Contributions

CHAPTER 1 E+W Interpretation of Part

Pensionable earnings for a pay period E+W

184.—(1) In this Part, “ pensionable earnings”, in relation to a pay period, has the following meaning.

(2) For any pay period falling within a period of sick leave in which the pensionable earnings of a member (P) are reduced, P's pensionable earnings are the reduced amount of pensionable earnings paid to P.

(3) For a pay period falling within a period in which an election under regulation 26 has effect or is taken to have effect, P's pensionable earnings are an amount equal to P's notional salary.

(4) For a pay period falling within a period in which P is on maternity leave, adoption leave[F1 , shared parental leave] [F2 , parental bereavement leave] or paternity leave, P's pensionable earnings include any statutory pay paid to P.

Textual Amendments

F1 Words in reg. 184(4) inserted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 32(9)

F2 Words in reg. 184(4) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 33(9)

CHAPTER 2 E+W Members' contributions

Members' contributions E+W

[F3 185.— (1) For each eligible employment in respect of which an active member (P) is in pensionable service during a pay period, P must pay members’ contributions on P’s pensionable earnings in that pay period at the rate determined under this regulation (“members’ contributions rate”).

(2) The members’ contributions rate for an eligible employment is the rate in Column 2 of the table corresponding to the band which includes the annual salary rate for that employment in Column 1.

(3) The annual salary rate bands in Column 1 are increased for each financial year, if there is a relevant increase in the consumer prices index for that financial year, by the appropriate percentage for the financial year, rounded up to the nearest £1.

(4) There is a relevant increase in the consumer prices index for a financial year if the consumer prices index for the month of September before that financial year is higher than that for the previous September.

(5) The appropriate percentage for the financial year is the same percentage as the percentage increase in the consumer prices index.

(6) In this regulation, “consumer prices index” means the all items consumer prices index published by the Statistics Board, a body corporate established by section 1 of the Statistics and Registration Service Act 2007.

Table

Column 1 Annual salary rate for the eligible employment	Column 2 Members’ contributions rate
£0 - £25,999	7.4%
£26,000 - £34,999	8.6%
£35,000 - £41,499	9.6%
£41,500 - £54,999	10.2%
£55,000 - £74,999	11.3%
≥ £75,000	11.7%]

Textual Amendments

F3 Reg. 185 substituted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 16

Contributions under Schedule 2 E+W

186.  Schedule 2 has effect for the purpose of enabling—

(a) payment of additional pension contributions by lump sum; and

(b) monthly payments of—

(i) faster accrual contributions;

(ii) additional pension contributions; and

(iii) buy-out contributions.

Contributions payable during a period of permanent service in the armed forces E+W

187.—(1) This regulation applies if—

(a) an election under regulation 26 has effect in respect of a period of permanent service; and

(b) the member (P) pays contributions by monthly payments.

(2) Unless paragraph (3) applies, the amount of P's contributions in respect of any pay period that falls within the period of permanent service is the total of—

(a) the amount of members' contributions payable in respect of P's notional salary; and

(b) any contributions under Schedule 2 payable monthly.

(3) This paragraph applies if during the period of permanent service, P's permanent service pay, when aggregated with any payments under Part 5 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 M1 (“aggregated pay”), is less than the amount of P's notional salary for that period.

(4) If paragraph (3) applies—

(a) the amount of P's aggregated pay in a pay period is taken to be the amount of P's pensionable earnings for that period; and

(b) P's contributions in that period are payable at the members' contributions rate.

Marginal Citations

M1 1951 c.65.

CHAPTER 3 E+W Repayment of members' contributions after short-service

Meaning of “entitlement day” (repayment of balance of contributions) E+W

188.  The entitlement day for repayment of the balance of contributions is one month after the last day of pensionable service.

Entitlement to repayment of balance of contributions E+W

189.—(1) A person (P) is entitled on the entitlement day to a repayment of the balance of contributions, calculated in accordance with regulation 191, if—

(a) P has left all pensionable service and does not re-enter pensionable service before the entitlement day;

(b) P has applied under regulation 190 for the repayment; and

(c) paragraph (2) does not apply.

(2) This paragraph applies if—

(a) P is qualified for retirement benefits;

(b) a transfer payment has been made in respect of P's pensionable service; or

(c) P is in a period of post-benefit service immediately before the last day of pensionable service M2 .

(3) For the purpose of this regulation, P is in pensionable service while P is absent on maternity leave, paternity leave, F4 ... parental leave[F5 , shared parental leave] [F6 , parental bereavement leave] or adoption leave if P is entitled to return from leave by virtue of Part 8 of the Employment Rights Act 1996 M3 .

(4) If a repayment of the balance of contributions is made, P's rights under this scheme are extinguished.

(5) This regulation is subject to regulation 183 (general prohibition on unauthorised payments).

Textual Amendments

F4 Words in reg. 189(3) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 32(10)(a) (with art. 35(1))

F5 Words in reg. 189(3) inserted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 32(10)(b)

F6 Words in reg. 189(3) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 33(10)

Marginal Citations

M2 See regulation 124 for P's entitlement to a short-service annuity if P is not re-qualified for retirement benefits in respect of a period of post-benefit service.

M3 1996 c.18; Part 8 was amended by the Employment Relations Act 1999 (c.26), Schedule 4, and the Employment Act 2002 (c.22), sections 1 and 3.

Application for repayment of balance of contributions E+W

190.—(1) A person (P) must apply in writing to the scheme manager for a repayment of the balance of contributions.

(2) P must satisfy a written request from the scheme manager to provide any information in the request.

(3) The information must be information—

(a) in P's possession; or

(b) which P can reasonably be expected to obtain.

Calculation of balance of contributions E+W

191.—(1) The balance of contributions is (A-B)-C, where—

• A is the total of the amounts specified in paragraph (2);

• B is the total of the deductions specified in paragraph (3); and

• C is the amount of tax chargeable on (A-B) under section 205 of FA 2004.

(2) The amounts are—

(a) all members' contributions, additional pension contributions, buy-out contributions and faster accrual contributions paid up to the date of receipt of the application for repayment, except any paid in respect of a period of pensionable service for which a short-service serious ill-health grant has been paid; and

(b) interest on those contributions from the first day of the financial year following that in which they were paid to the date of payment at 3% per year, compounded with yearly rests.

(3) The deductions are—

(a) the amount of any previous repayment under regulation 189; and

(b) if the scheme manager has paid a contributions equivalent premium, the amount recoverable by the scheme manager under sections 61 to 63 of PSA 1993.

CHAPTER 4 E+W Employers' contributions

Employers' contributions E+W

[F7 192.— [F8 (1) In respect of each pay period], the employer of a person (P) in pensionable service in that pay period is to pay contributions on P’s pensionable earnings in the pay period at the following percentage rate of those earnings—

(a) 14.1% from 1st April 2015 until 31st August 2015 inclusive;

(b) 16.4% from 1st September 2015;

(c) at the rate determined in each successive valuation report with effect from a date to be notified to employers by the scheme manager.

[F9 (2) Exclusion from pensionable service for any period under paragraphs (1) and (2) of regulation 24 does not apply to paragraph (1) or to Chapter 5 of this Part.]]

Textual Amendments

F7 Reg. 192 substituted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 17

F8 Words in reg. 192 substituted (1.8.2021) by The Teachers’ Pensions (Miscellaneous Provisions) (Amendment) Regulations 2021 (S.I. 2021/805), regs. 1, 17(2)

F9 Reg. 192(2) inserted (1.8.2021) by The Teachers’ Pensions (Miscellaneous Provisions) (Amendment) Regulations 2021 (S.I. 2021/805), regs. 1, 17(3)

CHAPTER 5 E+W Deduction and payment of contributions

Deduction of contributions from pensionable earnings E+W

193.—(1) This regulation applies to any person (P) who is in pensionable service.

(2) In each pay period, P's employer must deduct the following contributions from P's pensionable earnings—

(a) P's members' contributions for that employment;

(b) any faster accrual contributions relating to that employment;

(c) any additional pension contributions payable monthly (if P has nominated the employer to deduct those contributions);

(d) any buy-out contributions (if P has nominated the employer to deduct those contributions).

(3) If P's employer does not deduct contributions in the appropriate pay period, P's employer may deduct the contributions in a subsequent pay period (but this paragraph does not affect regulation 196(2) (payment by employers to scheme manager)).

(4) If P is in pensionable service in more than one employment—

(a) any additional pension contributions or buy-out contributions must be deducted by the employer nominated by P; and

(b) if in any pay period the contributions are more than the pensionable earnings paid to P by that employer, any remaining contributions must be deducted by the other employer (or, if there is more than one other employer, by whichever other employer is nominated by P).

Deductions not made before an employment ends E+W

194.—(1) This paragraph applies to a person (P) if—

(a) P ceases to be in an eligible employment;

(b) P's employer has not made a deduction required by regulation 193; and

(c) despite regulation 196, a corresponding amount has not been paid to the scheme manager under that regulation.

(2) On receipt of a written demand from the scheme manager, P must pay the scheme manager any amount remaining due, together with interest at the standard rate from the due date to the date of payment.

(3) The scheme manager may waive the payment of the whole or any part of that interest.

(4) In this regulation, “due date” is the 8th day after the end of the pay period in which a deduction under regulation 193 should have been made.

Recovery of unpaid contributions from benefits E+W

195.—(1) If the scheme manager makes a demand under regulation 194 but regulation 24 does not apply, without prejudice to any other means of recovery, the scheme manager may recover any sum payable by a person to the scheme manager under this Part by deducting it from the benefits payable to, or in respect of, that person under these Regulations.

(2) Nothing in this regulation affects section 91 of PA 1995 (inalienability of occupational pension).

Payment by employers to scheme manager E+W

196.—(1) This regulation applies in relation to any person (P) who is in pensionable service.

(2) After the end of each pay period, P's employer is to pay to the scheme manager in respect of P's pensionable earnings for that pay period—

(a) the contributions payable under regulation 192; and

(b) the contributions required to be deducted from P's pensionable earnings under regulation 193 (whether or not such amounts were deducted) [F10 and

(c) an administration charge of such percentage of P’s pensionable earnings for the pay period as is notified to employers from time to time by the scheme manager.]

(3) For the purpose of paragraph (2)—

(a) pensionable earnings are payable in arrears, and

(b) any contribution arrears payable by reason of a retrospective increase in pensionable earnings are taken to become payable in the pay period in which they were paid.

(4) A payment under paragraph (2) must be received by the scheme manager within 7 days after the end of each pay period and if the full amount of the payment is not so received—

(a) interest is payable by the employer or the former employer on the amount outstanding at the standard rate from the 8th day after the end of the pay period to the date of payment, but the scheme manager may in any particular case waive the payment of the whole or any part of such interest, and

(b) if the scheme manager makes a written demand, the employer or former employer must pay to the scheme manager such further sum, not exceeding £100, as the scheme manager may specify in the demand.

(5) The payment referred to in paragraph (4)(b) must be made within 14 days after the date of the demand.

Textual Amendments

F10 Reg. 196(2)(c) and word inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 18