The Teachers' Superannuation and Pension Scheme (Scotland) (Miscellaneous Amendments) Amendment Regulations 2019


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Statutory Instruments of the Scottish Parliament


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Scottish Statutory Instruments

2019 No. 95

Pensions

The Teachers' Superannuation and Pension Scheme (Scotland) (Miscellaneous Amendments) Amendment Regulations 2019

Made

14th March 2019

Laid before the Scottish Parliament

18th March 2019

Coming into force

1st April 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 9 and schedule 3 of the Superannuation Act 1972(1) and sections 1(1) and (2)(d) and paragraph 4(b) of schedule 2 of the Public Service Pensions Act 2013(2), and all other powers enabling them to do so.

In accordance with section 9(5) of the Superannuation Act 1972, the Scottish Ministers have consulted with representatives of education authorities and of teachers and with such representatives of other persons likely to be affected by these Regulations as appear to them to be appropriate.

In accordance with section 21(1) of the Public Service Pensions Act 2013, the Scottish Ministers consulted the representatives of such persons as appeared to the Scottish Ministers likely to be affected by these Regulations.

In accordance with section 9(1) of the Superannuation Act 1972 and section 3(5) of the Public Service Pensions Act 2013, these Regulations are made with the consent of the Treasury(3).

Citation and commencement

1.  These Regulations may be cited as the Teachers' Superannuation and Pension Scheme (Scotland) (Miscellaneous Amendments) Amendment Regulations 2019 and come into force on 1 April 2019.

Amendment to the Teachers' Superannuation and Pension Scheme (Scotland) (Miscellaneous Amendments) Regulations 2019

2.  The Teachers' Superannuation and Pension Scheme (Scotland) (Miscellaneous Amendments) Regulations 2019(4) are amended in accordance with regulations 3 to 5.

3.  For regulation 1, substitute-

"1.-(1) These Regulations may be cited as the Teachers' Superannuation and Pension Scheme (Miscellaneous Amendments) Regulations 2019.

(2) Subject to paragraph (3), these regulations come into force on 1 April 2019.

(3) Regulations 2 and 3 come into force on 1 September 2019.".

4.  In regulation 3 for "22.4%" substitute "23.0%".

5.  In regulation 5-

(a)for "31 March 2019" substitute "31 August 2019", and

(b)for "22.4% from 1 April 2019" substitute "23% from 1 September 2019".

KATE FORBES

A member of the Scottish Government

St Andrew's House,

Edinburgh

12th March 2019

We consent

CRAIG WHITTAKER

REBECA HARRIS

Two of the Lords Commissioners of her Majesty's Treasury

14th March 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulations 2 to 5 make amendments to the Teachers' Superannuation and Pension Scheme (Scotland) (Miscellaneous Amendments) Regulations 2019. Regulations 3, 4 and 5 amend those Regulations to increase the employers' contribution rate from 1 September 2019 in line with HM Treasury Directions.

(1)

1972 c.11. Section 9 was relevantly amended by the Pensions (Miscellaneous Provisions) Act 1990 (c.7), sections 4(1), 8(3) and (4) and 11, the Pension Schemes Act 1993 (c.48), section 190 and schedule 8, paragraph 7, S.I. 2001/3649, S.I. 2010/1158 and the Public Service Pensions Act 2013 (c.25), schedule 8, paragraphs 6 and 9. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999, article 2 and schedule 1 (S.I. 1999/1750).

(3)

The function of the Minister under section 9(1) of the Superannuation Act 1972 was transferred to the Treasury by the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670) and remains exercisable by virtue of S.I. 1999/1750, article 2 and schedule 1.


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