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The Teachers' Superannuation (Consolidation) Regulations 1988
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- UK Statutory Instruments
- 1988 No. 1652
- SCHEDULE 1
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Regulation A2(1)
SCHEDULE 1GLOSSARY OF EXPRESSIONS
| Expression | Meaning |
|---|---|
| “Accepted school” | Construe in accordance with regulation B4. |
| “Act” | Any reference to an Act of a specified year is a reference to an Act relating to the superannuation of teachers enacted in that year. |
| “Actuarial” | Determined by, or in accordance with tables prepared by, the Government Actuary. |
| “Additional contributions”, “additional period” | In relation to family benefits, the expressions are to be construed in accordance with paragraph 1(3) of Schedule 6. |
| “Admitted service” | Service to which, immediately before 1st May 1975, Part VIII of the Teachers' Superannuation Regulations 1967(1) applied. |
| “Approved superannuation scheme” | An occupational pension scheme which— (a) is a statutory scheme, or (b) is approved under Chapter I of Part XIV of the Income and Corporation Taxes Act 1988(2) and does not fall within section 591(2)(h) of that Act, or (c) immediately before 1st November 1988 was an approved superannuation scheme for the purposes of Part IV of the 1976 Regulations. |
| “Average salary” | Construe in accordance with regulation E29. |
| “Cash equivalent”, “part cash equivalent” | The first expression means a cash equivalent mentioned in paragraph 12(1) of Schedule 1A to the Social Security Pensions Act 1975(3); the second expression means the cash equivalent of any part of the benefits mentioned in that sub-paragraph which is prescribed under sub-paragraph (2A) (continuation in employment after termination of pensionable service). |
| “Child” | Construe in accordance with regulation E21. |
| “Club scheme” | A statutory scheme or a scheme for the time being treated, with the agreement of the Treasury, as a statutory scheme. |
| “Comparable British service” | Service which is pensionable under a superannuation scheme for teachers in public employment in any part of the British Islands outside England and Wales. |
| “Contracted-out employment”, “contracted-out scheme” | Construe in accordance with sections 30 and 32 respectively of the Social Security Pensions Act 1975(4). |
| “Contributable salary” | Construe in accordance with regulation C1. |
| “Contributions equivalent premium” | A premium under section 42 of the Social Security Pensions Act 1975(5). |
| “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, returned, or (b) have been returned but have since been repaid. |
| “Credited service” | The meaning given in paragraph 1(6) of Schedule 6. |
| “Effective reckonable service” | Construe in accordance with regulation E30. |
| “Employment” | Employment under a contract of service. |
| “Entitled” | Any reference to a person entitled to payment of retirement benefits is to be construed as including a reference to a person who has not applied for payment of them. |
| “Equivalent pension benefits” | The meaning given by section 57(1) of the National Insurance Act 1965(6). |
| “Family benefits” | Benefits payable under regulations E21 to E28. |
| “Family benefit service” | Construe in accordance with regulation E26. |
| “Full-time” | Employment is “full-time” if the contract so describes it (whether expressly or otherwise) and entitles the employee to remuneration at an annual, termly or monthly rate. |
| “Guaranteed minimum” | A guaranteed minimum under section 35 of the Social Security Pensions Act 1975(7). |
| “Guaranteed minimum pension” | Construe in accordance with section 26(2) of the Social Security Pensions Act 1975(8). |
| “Incapacitated” | A person is incapacitated— (a) in the case of a teacher, an organiser or a supervisor, while he is incapable by reason of infirmity of mind or body of serving efficiently as such, and (b) in any other case, while he is incapable by reason of such infirmity of earning his livelihood and is not maintained out of money provided by Parliament or raised by a rate. |
| “Independent school” | The meaning given in section 114(1) of the Education Act 1944(9). |
| “Member” | The meaning given in paragraph 1(1) of Schedule 6. |
| “The Modification Regulations” | The National Insurance (Modification of Teachers' Pensions) Regulations 1948(10). |
| “The 1966 Regulations” | The Teachers' Superannuation (Family Benefits) Regulations 1966(11). |
| “The 1967 Regulations” | The Teachers' Superannuation Regulations 1967(12). |
| “The 1970 Regulations” | The Teachers' Superannuation (Family Benefits) Regulations 1970(13). |
| “The 1976 Regulations” | The Teachers' Superannuation Regulations 1976(14). |
| “Normal contributions”, “normal service” | Construe in accordance with paragraph 1(2) of Schedule 6. |
| “Occupational pension scheme” | Any scheme or arrangement comprised in one or more instruments or agreements and having, or being capable of having, effect in relation to one or more descriptions or categories of employments so as to provide benefits, in the form of pensions or otherwise, payable on termination of service, or on death or retirement, to or in respect of earners with qualifying service in an employment of any such description or category. |
| “Organiser” | A person in employment which involves the performance of duties in connection with the provision of education or services ancillary to education. |
| “Part-time” | Employment is “part-time” if— (a) the contract requires the employee to work for less than the whole of the working week and entitles him to remuneration at a rate expressed as a proportion of the annual rate for a comparable full-time employment, or (b) he is employed in place of a person regularly employed and the contract is a short-term one which entitles him to remuneration expressed as a proportion of the annual rate for a comparable full-time employment. |
| “Payment in lieu of contributions” | A payment in lieu of contributions under Part III of the National Insurance Act 1965. |
| “Pensionable employment” | In relation to any time before 1st November 1988, the expression means employment in reckonable service for the purposes of the 1976 Regulations or previous provisions.In relation to any time after 31st October 1988, the expression is to be construed in accordance with Part B. |
| “The Pensions Act” | The Social Security Pensions Act 1975. |
| “Personal pension scheme” | The meaning given in section 84(1) of the Social Security Act 1986(15). |
| “Previous provisions” | Provisions contained in or made under an enactment relating to the superannuation of teachers which were in force at any time before 1st January 1977. |
| “Qualified for retirement benefits” | Construe in accordance with regulation E3. |
| “Qualifying public service scheme” | Construe in accordance with regulation D6(2) and (3). |
| “Reckonable service” | Construe in accordance with regulation D1. |
| “Relief teacher” | A person in pensionable employment which falls within (b) of the definition of “part-time”. |
| “Retirement benefits” | Construe in accordance with regulation E2. |
| “Retirement lump sum” | A retirement lump sum payable under Part E. |
| “Retirement pension” | A retirement pension payable under Part E. |
| “Scheme managers” | In relation to a statutory scheme the expression means the Minister of the Crown or local authority or police or fire authority administering the scheme; in relation to any other scheme it means the person responsible for the management of the scheme. |
| “Services education officer” | An officer, other than one whose service as an officer qualifies him for retired pay, serving in the Armed Forces of the Crown as a teacher or supervisor and holding— (a) a short service commission in the Royal Navy, the regular Army, the Women’s Royal Naval Service or the Women’s Royal Army Corps, or (b) a short or medium service commission in the education branch or physical fitness branch of the Royal Air Force, or (c) as an officer serving in either of those branches, a short service commission in the Women’s Royal Air Force. |
| “Specified country service” | The expression includes— (a) service before 25th March 1972 which was, for the purposes of Part IX of the 1967 Regulations(16), 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(17) had continued in force would have been such service as is mentioned in (a) above, and (c) service after 31st December 1976 and before 1st January 1980 in continuation of such service as is mentioned in (b) above. |
| “State pensionable age” | In the case of a man, 65; in the case of a woman, 60. |
| “Statutory scheme” | A scheme established under section 1 of the Superannuation Act 1972; arrangements for superannuation maintained in pursuance of regulations made, or having effect as made, under section 7 or 10 of that Act or under the Police Pensions Act 1976(18) or the Superannuation (Northern Ireland) Order 1972(19); the Firemen’s Pension Scheme made under the Fire Services Act 1947(20). |
| “Supervisor” | A person employed in a capacity connected with education which to a substantial extent involves the control or supervision of teachers. |
| “Teacher’s pension” | An annual allowance which became payable under the 1976 Regulations or previous provisions or a retirement pension. |
| “Terminal sum” | The expression includes a retirement lump sum, a short service incapacity grant, a refund of contributions and any sum payable on death. |
(1)
S.I. 1967/489; Part VIII was revoked by S.I. 1975/276.
(2)
(3)
1975 c. 60; Schedule 1A was inserted by the Social Security Act 1985 (c. 53), Schedule 1, paragraph 3, and amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraphs 29 and 30.
(4)
Sections 30 and 32 were amended by the Social Security Act 1986, Schedule 10, paragraphs 15 and 16.
(5)
Section 42 was amended by the Social Security Act 1985, Schedule 5, paragraph 25(1)(a), and by the Social Security Act 1986, Schedule 10, paragraph 21.
(6)
1965 c. 51; relevant provisions were continued in force by S.I. 1974/2057.
(7)
1975 c. 60; section 35 was amended by the Social Security Act 1986 (c. 50), section 9(1) and (2) and Schedule 8, paragraph 8(1).
(8)
Section 26(2) was amended by the Social Security Act 1985 (c. 53), Schedule 6, and by the Social Security Act 1986, Schedule 10, paragraph 12(b).
(9)
(10)
S.I. 1948/889, revoked by S.I. 1967/489.
(11)
S.I. 1966/357, revoked by S.I. 1970/862.
(12)
S.I. 1967/489, revoked by S.I. 1976/1987.
(13)
S.I. 1970/862, revoked by S.I. 1976/1987.
(14)
S.I. 1976/1987, amended by the other instruments listed in Part I of Schedule 14 to these Regulations.
(15)
(16)
S.I. 1967/489, revoked by S.I. 1976/1987.
(17)
1965 c. 74; section 25 was repealed by the Superannuation Act 1972 (c. 11), section 29(4).
(18)
(20)
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