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2004 No. 587

EDUCATION, ENGLAND AND WALES

The Teachers' Pensions (Amendment) Regulations 2004

  Made 3rd March 2004 
  Laid before Parliament 9th March 2004 
  Coming into force
  Regulation 30(4) 1st September 2004 
  Remainder 31st March 2004 

The Secretary of State for Education and Skills, in exercise of the powers conferred upon him by sections 9, 12 and 24 of, and Schedule 3 to, the Superannuation Act 1972[1], after consulting in accordance with section 9(5) of that Act with representatives of local education authorities, teachers and other persons likely to be affected, and with the consent of the Treasury[2], hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Teachers' Pensions (Amendment) Regulations 2004 and shall come into force on 31st March 2004 except for regulation 30(4) which shall come into force on 1st September 2004.

Amendment of the Teachers' Pensions Regulations 1997
    
2. The Teachers' Pensions Regulations 1997[3] shall be amended in accordance with regulations 3 to 32.

     3.  - (1) Regulation A3 shall be amended as follows.

    (2) In paragraph (2) after "under regulation G8(1), G7(1)(c) or G8(5), as the case may be, shall" insert ", subject to the provisions of section 37 of the 2002 Act,".

    
4. After regulation B1 insert the following - 

     5.  - (1) Regulation B3 shall be amended as follows.

    (2) For paragraph (3) substitute the following - 

    (3) After paragraph (4) insert the following - 

    (4) For paragraph (5) substitute the following - 

    (5) In paragraph (7)(a) omit "or provisionally registered" and for "section 465 of the 1996 Act" substitute "section 161 of the 2002 Act".

    (6) For paragraph (7)(b)(ii) substitute the following - 

    (7) In paragraph 7(c)(iii) for "employment." substitute "employment, or".

    (8) After paragraph 7(c) insert the following - 

     6. Regulation B3A shall have the heading "Function Providers".

    
7.  - (1) Regulation B4 shall be amended as follows.

    (2) In paragraph (1)(b) after "maternity" in each case insert ", paternity or adoption".

    
8.  - (1) Regulation C1 shall be amended as follows.

    (2) In paragraph (1) for "a person to whom the 1991 Act applies" substitute "a person who is a school teacher for the purposes of section 122 of the 2002 Act".

    (3) In paragraph (1)(a) for "section 2 of the 1991 Act" substitute "section 122 of the 2002 Act".

    (4) In paragraph (1)(b) after "maternity," insert "paternity or adoption,".

    (5) In paragraph (1)(c) after "maternity," insert "paternity or adoption,".

    (6) In sub-paragraphs (a) and (b) of paragraph (5) omit ", other than a payment made in consequence of a School Achievement Award,".

    (7) In paragraph (7) for "section 2 of the 1991 Act" substitute "section 122 of the 2002 Act".

    
9.  - (1) Regulation C2 shall be amended as follows.

    (2) In paragraph (1)(a) after "maternity" insert ", paternity or adoption".

    (3) In paragraph (9) after "maternity," insert ", paternity or adoption".

    
10.  - (1) Regulation C9 shall be amended as follows.

    (2) At the beginning of paragraph (7)(a) insert "subject to paragraph (7A),".

    (3) After paragraph (7) insert the following - 

     11.  - (1) Regulation C10 shall be amended as follows.

    (2) At the beginning of paragraph (4) insert "Subject to paragraph (4A),".

    (3) After paragraph (4) insert the following - 

     12.  - (1) Regulation D1 shall be amended as follows.

    (2) In paragraph (1)(b) for "or F4(8) (acceptance of transfer value)," substitute ", F4(8) (acceptance of transfer value) or F4A(3) (acceptance of transfer values as part of a bulk transfer),".

    (3) In paragraph (3)(b) after "maternity" insert ", paternity or adoption".

    
13.  - (1) Regulation E4 shall be amended as follows.

    (2) In paragraph (1) omit "Subject to regulation E33(2) (application for payment),".

    (3) In paragraph (4) for "regulation 5(1)(b)" to the end of that paragraph substitute "section 142 of the 2002 Act on the grounds mentioned in subsections (4)(a), (b) and (c) of that section to direct that he may not carry out work to which that section applies.".

    (4) In paragraph (8)(b) for "of direction under regulation 5(1)(b) or (c), or regulation 9(1)(a) of the Education (Restriction of Employment) Regulations 2000" substitute "under section 142 of the 2002 Act on the grounds mentioned in subsections (4)(a), (b) and (c) of that section to direct that he may not carry out work to which that section applies".

    
14.  - (1) Regulation E19 shall be amended as follows.

    (2) In paragraph (1) for "E4(3)" substitute "E4(2), (3)".

    
15. After regulation E19 insert the following - 

     16.  - (1) Regulation E20 shall be amended as follows.

    (2) In paragraph (1) for "paragraph (6)" substitute "paragraphs (1A) and (6)".

    (3) In paragraph (1)(d) after "maternity," insert ", paternity or adoption".

    (4) After paragraph (1) insert the following - 

     17.  - (1) Regulation E25 shall be amended as follows.

    (2) In paragraph (1)(a) after "maternity" insert ", paternity or adoption".

    
18.  - (1) Regulation E26 shall be amended as follows.

    (2) At the beginning of paragraph (1)(b) insert "subject to paragraph (1A),".

    (3) After paragraph (1) insert the following - 

     19.  - (1) Regulation E28 shall be amended as follows.

    (2) After paragraph (6)(b) insert the following - 

    (3) In paragraph (9) for "paragraphs (3) to (7)" substitute in each case "paragraphs (3) to (5) and (7)".

    
20.  - (1) Regulation E31 shall be amended as follows.

    (2) In paragraph (7)(a) after "maternity" insert ", paternity or adoption".

    (3) In paragraph (13)(b) for "to whom on the material date the 1991 Act applied" substitute "who was on the material date a school teacher for the purposes of section 122 of the 2002 Act".

    (4) In paragraph (13)(d)(i) for "to whom on the material date the 1991 Act applied," substitute "who was on the material date a school teacher for the purposes of section 122 of the 2002 Act," and for "section 2 of the 1991 Act" substitute "section 122 of the 2002 Act".

    (5) In paragraph (13)(d)(ii) for "to whom on the material date the 1991 Act does not apply" substitute "who was not on the material date a school teacher for the purposes of section 122 of the 2002 Act".

    
21.  - (1) Regulation E33 shall be amended as follows.

    (2) In paragraph (4) after "paragraphs" insert "(4A) and".

    (3) After paragraph (4) insert the following - 

     22.  - (1) Regulation E34 shall be amended as follows.

    (2) For paragraph (4)(b) substitute the following - 

     23.  - (1) Regulation F2 shall be amended as follows.

    (2) In paragraph (2)(a) after "(acceptance of transfer value)" insert "or F4A(3) (acceptance of transfer values as part of a bulk transfer".

    (3) In paragraph (3) after "regulation F4" insert "or F4A".

    
24.  - (1) Regulation F4 shall be amended as follows.

    (2) In paragraph (1) after "Subject to paragraphs (2) to (6)" insert "and to regulation F4A".

    
25. After regulation F4 insert the following - 

     26.  - (1) Regulation G1 shall be amended as follows.

    (2) For Regulation G1 substitute the following - 

     27.  - (1) Regulation G2 shall be amended as follows.

    (2) In paragraph (4)(b) for "regulation F4" substitute "regulations F4 and F4A".

    
28.  - (1) Regulation H3 shall be amended as follows.

    (2) In paragraph (1)(c) after "have" insert "been".

    (3) In paragraph (1)(g) after "maternity" insert ", paternity or adoption".

    
29.  - (1) Schedule 1 shall be amended as follows.

    (2) In the definition of "Act" omit "the 1991 Act,".

    (3) Omit "The 1991 Act" and its definition.

    (4) After the definition of "The 1999 Act" insert the following - 


    (5) After the definition of "Admitted service" insert the following - 


    (6) In the definition of "Appropriate rights" after "1999" insert "Act".

    (7) After the definition of "Club scheme" insert the following - 


    (8) After the definition of "Member" insert the following - 




    (9) After the definition of "Part-time" insert the following - 




    (10) Omit "School Achievement Award" and its definition.

    
30.  - (1) Schedule 2 shall be amended as follows.

    (2) In paragraph 2 after "special school" insert "not".

    (3) In paragraph 5 omit ", organiser or supervisor".

    (4) In paragraph 24 omit "the Edexcel Foundation".

    (5) In paragraph 24 omit "the Education 2000 Trust", "the London Open College Federation", "the National Education Resources Information Service" and "the Yorkshire and Humberside Association for Further and Higher Education".

    (6) In paragraph 24 for "the Macmillan Institute of Education" substitute "the Macmillan National Institute of Education".

    (7) For paragraph 26 substitute the following - 

     31.  - (1) Schedule 10 shall be amended as follows.

    (2) At the beginning of paragraph 35 insert "Subject to paragraph 35A,".

    (3) After paragraph 35 insert the following - 

    (4) In paragraph 37(a) omit the final "and".

    (5) At the end of paragraph 37(b) insert "and".

    (6) After paragraph 37(b) insert the following - 

    (7) At the end of paragraph 37 after "the age of 55" insert "and as if regulations E4(2)(a) and E4(3)(a) had effect with the insertion after "the age of 60" of "and was in pensionable employment on attaining that age".

    
32. Schedule 13 shall be deleted.

Election in respect of protected benefit
    
33.  - (1) This regulation applies to a person - 

    (2) A protected benefit is one which is being paid or may become payable under the Teachers' Pensions Regulations 1997 to, or in respect of, a person who was employed in qualifying employment but ceased to be employed, or died, before 31st March 2004.

    (3) A person to whom this regulation applies may, by giving written notice to the Secretary of State before 31st July 2004, elect that the relevant provision shall not apply in relation to the protected benefit.

    (4) If the election under paragraph (3) is made in relation to a benefit of a person who is in pensionable employment or who subsequently becomes re-employed in pensionable employment - 

and the Teachers' Pensions Regulations 1997 shall apply accordingly.

    (5) In paragraph (2) "qualifying employment" means pensionable employment or excluded employment within the meaning of the Teachers' Pensions Regulations 1997.


David Miliband
Minister of State Department for Education and Skills

2nd March 2004



We consent,


Nick Ainger

Joan Ryan
Two of the Lords Commissioners of Her Majesty's Treasury

3rd March 2004



EXPLANATORY NOTE

(This note is not part of the Regulations.)


Regulations 3 to 32 of these Regulations further amend the Teachers' Pensions Regulations 1997 ("the Principal Regulations") which are the basis upon which the Teachers' Pension Scheme ("the Scheme") operates. In addition to minor and drafting amendments and those which correct errors and statutory references, the following changes of substance are made.

Regulation 4 inserts a new regulation in the Principal Regulations to regularise retrospectively the pension position of certain non-teaching staff who, although ineligible for membership, have been contributing to the Scheme.

Regulation 5 introduces a requirement for independent schools seeking to become Scheme employers to provide a guarantee, indemnity or bond acceptable to the Secretary of State; assimilates the requirements for members of the Council of British Independent Schools in the European Communities seeking to become Scheme employers with those for independent schools; and reflects changes made to the system of registering independent schools made by the Education Act 2002.

Regulations 7, 8(4) and (5), 9, 12(3), 16(3), 17, 20(2) and 28(3) enable periods of paternity and adoption leave to be treated in the same way as periods of maternity leave.

Regulations C9 and C10 of the Principal Regulations enable certain Scheme members to pay additional contributions in order to increase their pension entitlement. Regulations 10 and 11 provide for the notional salary upon which such contributions are based to be increased annually in line with the retail prices index.

Regulations 12(2), 23, 24, 25, 27 and 31(2) and (3) insert a new regulation in the Principal Regulations and make other amendments to enable the Scheme to accept transfers as part of a "bulk" transfer from other pension schemes in addition to on an individual basis.

Regulation 14 extends the option of commuting pensions on the grounds of exceptional circumstances of ill health to those who retire on attaining the age of 60.

Regulation 15 inserts a new regulation in the Principal Regulations to enable pensions which do not exceed £260 per annum to be commuted.

Regulation 16(2) and (4) clarifies the position with regard to eligibility for death grants paid under regulation E20 of the Principal Regulations.

Regulation 18 reduces the qualifying period for entitlement to certain benefits for pensioners who return to work and elect for that work to be pensionable.

Regulation 19 rectifies errors in regulation E28 of the Principal Regulations which appeared following consolidation of the Teachers' Superannuation (Consolidation) Regulations 1988 into the Principal Regulations in 1997 and which relate to the enhancement of benefits in certain circumstances.

Regulations 21 and 22 enable pensions to be paid quarterly.

Regulations 26 and 32 retrospectively recognise the Treasury's request that the Scheme's accounts move from cash-based to resource-based accounting.

Regulation 29 makes changes to Schedule 1 (Glossary of Expressions) to the Principal Regulations.

Regulation 30 makes changes to the list of categories in Part I (Employments Pensionable Without Election) and to the list of bodies in Part II (Employments Pensionable on Election) of Schedule 2 (Pensionable Employment) to the Principal Regulations.

Regulation 31 clarifies the position with regard to the entitlement of certain individuals who transferred into the Scheme from the National Health Service Pension Scheme to unreduced benefits at the age of 55.

Regulation 33 makes transitional provision for opting out where rights in relation to former Scheme members are adversely affected.

Section 12 of the Superannuation Act 1972 confers express power to make regulations retrospective in effect.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.


Notes:

[1] 1972 c. 11; section 9 was amended by sections 4, 8 and 11 of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7), section 190 of, and Schedule 8 to, the Pension Schemes Act 1993 (c. 48) and S.I. 2001/3649; section 12 was amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7); and section 24 was amended by the Police Pensions Act 1976 (c. 35). The Secretary of State's functions under sections 9, 12 and 24 of the Superannuation Act 1972 were transferred, in or as regards Scotland, to the Scottish Ministers by virtue of section 63 of the Scotland Act 1998 (c. 46), read with article 2 of, and Schedule 1 to, the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).back

[2] See S.I. 1981/1670.back

[3] S.I. 1997/3001, amended by S.I. 1998/2255, S.I. 1999/607, S.I. 2000/665, S.I. 2000/2431, S.I. 2000/3028, S.I. 2001/871 and S.I. 2002/3058.back

[4] S.I. 1981/1794; regulation 5 was amended by the Trade Union Reform and Employment Rights Act 1993 (c. 19).back

[5] S.I. 1997/311, amended by S.I. 1998/2256, S.I. 1999/608 and S.I. 2000/664.back

[6] S.I. 1994/2924, amended by S.I. 1997/3001, S.I. 2000/666, S.I. 2000/3028 and S.I. 2001/3649.back

[7] 2002 c. 32.back

[8] S.I. 2002/2788back



ISBN 0 11 048831 8


  © Crown copyright 2004

Prepared 11 March 2004


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