The Teachers' Pension Scheme Regulations 2014

PART 8 E+W Provision in relation to the existing scheme

Election for employment not to be pensionable in relation to existing scheme continues to have effect E+W

48.  A person (P) is taken to have opted out of this scheme in relation to an eligible employment if, on P's transition date, an election for that employment not to be pensionable has effect in relation to the existing scheme.

Qualifying for retirement benefits under the existing scheme E+W

49.  In determining whether a transition member is qualified for retirement benefits under the existing scheme, the member's qualifying service includes the total of—

(a) the member's qualifying service under the existing scheme; and

(b) the member's qualifying service under this scheme.

Repayment of balance of contributions E+W

50.  An application by a transitional member (P) for the repayment of the balance of P's contributions under regulation 189 is also an application for any repayment of the balance of contributions due to P under regulations 22 to 24 of [F1 the existing scheme regulations].

Textual Amendments

F1 Words in Sch. 3 para. 50 substituted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 48

Residential emoluments E+W

51.  Where the money value of a transition member's (P)'s residential benefits in kind is treated as part of P's contributable salary by virtue of an application under regulation 16(4) of [F2 the existing scheme regulations], this has effect as if the application were made under regulation 37 of these RegulationsF3 ....

Textual Amendments

F2 Words in Sch. 3 para. 51 substituted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 49(b)

F3 Words in Sch. 3 para. 51 omitted (1.4.2015) by virtue of The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 49(a)

[F4 Transfer payments in respect of the existing scheme] E+W

52.  A transfer payment made in respect of a transition member by the scheme manager must be in relation to any benefits accrued in this scheme and any service accrued in the existing scheme [F5 in respect of which pension benefits have not been taken].

Textual Amendments

F4 Sch. 3 para. 52 heading inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 49(a)

F5 Words in Sch. 3 para. 52 inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/592), regs. 1, 12

Nomination continues to have effect E+W

53.  A nomination under regulation 82 (death grant), 90 (surviving nominated partner) or 91 (surviving nominated beneficiary) of the existing scheme has effect as if made under Part 6 of these Regulations.

Election to pay contributions by a person serving in a reserve force E+W

54.—(1) An election by a transition member (P) to pay contributions made under regulation 19 of [F6 the existing scheme regulations] has effect as if made under regulation 26 of these Regulations.

(2) On becoming an active member of this scheme P does not begin to accrue service which counts for the purpose of benefits in respect of P's permanent service for the purpose of regulation 19(3) of [F6 the existing scheme regulations].

Textual Amendments

F6 Words in Sch. 3 para. 54 substituted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 50

[F7 Commutation: small pensions E+W

55.   An application by a transition member under regulation 162 (application for payment of benefits) for a commutation under regulation 174 (commutation: small pensions) also has effect as an application for any commutation due to P under regulation 119 (commutation: small pensions) of the existing scheme regulations.]

Textual Amendments

F7 Sch. 3 para. 55 inserted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 51