Teachers' Superannuation Regulations (Northern Ireland) 1998

Age at date of modification	Yearly reduction of retirement pension for each completed year of reckonable service after date of modification	Yearly reduction of retirement pension for each completed year of reckonable service after date of modification
	Men	Women
(1)	(2)	(3)
20 or under	1.70	1.70
21	1.65	1.60
22	1.60	1.53
23	1.55	1.45
24	1.50	1.37
25	1.47	1.30
26	1.45	1.23
27	1.43	1.17
28	1.40	1.13
29	1.35	1.07
30	1.33	1.03
31	1.30	0.97
32	1.27	0.95
33	1.25	0.93
34	1.23	0.90
35	1.20	0.87
36	1.17	0.85
37	1.15	0.83
38	1.13	0.80
39	1.10	0.77
40	1.07	0.75
41	1.07	0.73
42	1.05	0.73
43	1.03	0.70
44	1.00	0.70
45	0.97	0.67
46	0.95	0.65
47	0.95	0.65
48	0.93	0.63
49	0.93	0.63
50 and over	0.93	0.60

• (3) The relevant date for the purposes of sub-paragraph (2) is—

• (a) in relation to a retired teacher to whom this paragraph applies by virtue of sub-paragraph (1)(a), the date which was in relation to him the date of modification for the purposes of the Modification Regulations; and

• (b) in relation to a retired teacher to whom this paragraph applies by virtue of sub-paragraph (1)(b), the first day of the month next following that in which the election mentioned in that sub-paragraph was made.

• (4) In the case of a retired teacher—

• (a) who was last in pensionable employment before 1st April 1980; and

• (b) whose retirement pension is one to which he became entitled by virtue of regulation E4(4) or (5),

any additional period of reckonable service taken into account under regulation E8(2) shall be deemed for the purposes of sub-paragraph (2) to be such service as is there mentioned.

4

For the purposes of paragraphs 2 and 3 the reckonable service of a retired teacher is his effective reckonable service.

5

If, in calculating the amount of a retirement pension, there is taken into account any period of employment after 2nd April 1961 and before 6th April 1975 which was not non-participating employment the pension is, except as provided in paragraphs 7 and 8, reduced, for each year of such period, and proportionately for part of a year by the appropriate amount specified in the following Table 2:—

Annual rate of salary during period	Reduction in retirement pension for each whole year of period	Reduction in retirement pension for each whole year of period	Reduction in retirement pension for each whole year of period	Reduction in retirement pension for each whole year of period
	From 3rd April 1961 to 5th January 1964	From 3rd April 1961 to 5th January 1964	From 6th January 1964 to 5th April 1975	From 6th January 1964 to 5th April 1975
	Men	Women	Men	Women
	£	£	£	£
Not exceeding £468	nil	nil	nil	nil
Over £468 but not exceeding £520	0·19	0·16	0·19	0·16
Over £520 but not exceeding £572	0·58	0·48	0·58	0·48
Over £572 but not exceeding £624	0·96	0·80	0·96	0·80
Over £624 but not exceeding £676	1·35	1·12	1·35	1·12
Over £676 but not exceeding £728	1·73	1.44	1·73	1·44
Over £728 but not exceeding £780	2·12	1·76	2·12	1·76
Over £780 but not exceeding £832	2·31	1·92	2·51	2·09
Over £832 but not exceeding £884	2·31	1·92	2·90	2·42
Over £884 but not exceeding £936	2·31	1·92	3·29	2·74
Over £936	2·31	1·92	3·48	2·90

6

If, in calculating the amount of a retirement pension, there is taken into account any period of employment after 2nd April 1961 in respect of which a payment in lieu of contributions has been made the retirement pension shall, except as provided in paragraphs 7 and 8, be reduced—

• (a) by £2·31 in the case of a man and by £1·92 in the case of a woman for each year, and proportionately for part of a year, of any period from and including 3rd April 1961 to 5th January 1964; and

• (b) by £3·48 in the case of a man and by £2·90 in the case of a woman for each year, and proportionately for part of a year, of any period from and including 6th January 1964 to 5th April 1975.

7

Where—

• (a) a period of employment of a retired teacher which was not non-participating employment or in respect of which a payment in lieu of contributions had been made is treated as reckonable service by virtue of interchange provisions; and

• (b) the Department is informed of the amount by which his pension under the pension scheme applicable to him before interchange provisions applied to him would have been reduced in respect of that period by reason of graduated retirement benefit payable under the Act or of the method of calculating such reduction,

the retirement pension in respect of that period shall be reduced by that amount or by an amount calculated in accordance with that method, as the case may be, and no reduction shall be made under paragraph 5 or 6 in respect of that period.

8

No reduction in the amount of a retirement pension shall be made under paragraph 5 or 6 in respect of any period which is reckonable service by virtue of regulation D3 or D4.

9

A retirement pension payable to a part-time teacher, so far as it is attributable to any part-time service which was non-participating employment within the meaning of the Act (exclusive of any period of such employment in respect of which a payment in lieu of contributions has been made), shall not be less than the amount required to constitute the benefits in respect of that service equivalent pension benefits.

10

• (1) An annual pension in respect of any such service as is mentioned in paragraph 9 shall be paid to a part-time teacher to whom no retirement pension is payable under regulation E4 if he is in pensionable employment on attaining state pensionable age.

• (2) A pension under this paragraph is of the amount required to constitute the benefits in respect of the service equivalent pension benefits and is payable from the day following that on which he ceases to be in pensionable employment or in employment which would, if he had not attained the age of compulsory retirement, be pensionable employment.

• (3) Regulation E33(2) (application for payment) applies in relation to a pension payable under this paragraph.

11

A part-time teacher to whom paragraph 10 applies is entitled to be paid a sum equal to the balance of his contributions computed as at the date of repayment in accordance with regulation C10 reduced by half the actuarial value of the pension payable to him under paragraph 10.

12

• (1) Any person who was employed in non-participating employment and attains state pensionable age shall be paid by way of equivalent pension benefits a sum equal to the actuarial value of a retirement pension at the following rate for each year of reckonable service—

	Man	Woman
during the period from and including 3rd April 1961 to 5th January 1964	£2·31	£1·92
during the period from and including 6th January 1964 to 5th April 1975	£3·48	£2·90

• but excluding any period of such employment in respect of which— a payment in lieu of contributions has been made; or any retirement benefits are payable under regulation E4.

• (2) If on attaining state pensionable age a person is still in pensionable employment payment shall be deferred until he ceases to be in pensionable employment, or in employment which would be pensionable employment if he had not attained the age of compulsory retirement.

• (3) Regulation E33(2) (application for payment) applies in relation to a sum payable under this paragraph.

Part II — Employment at Reduced Salary

13

Subject to paragraphs 14 to 19, these Regulations apply as if the person had been one person in relation to pensionable employment (“the earlier employment”) up to the end of his employment at the previous rate and a separate person in relation to pensionable employment (“new employment”) from the start of his employment at the reduced rate, and accordingly apply separately in relation to each of those employments.

14

For the purposes of regulation E3 (qualification for retirement benefits), periods counting towards a qualifying period in relation to one of the employments count also in relation to the other.

15

• (1) For the purposes of regulation E32(2) (limits on reckonable service for calculating benefits), periods counting as reckonable service in relation to one of the employments count also in relation to the other.

• (2) Any period excluded by regulation E32(2) is excluded in relation to new employment only.

16

• (1) A period for which the person has, before the first day of new employment, elected to pay additional contributions under regulation C3 does not count as reckonable service in relation to new employment but does, subject to sub-paragraph (2), count in relation to the earlier employment.

• (2) An election to pay such contributions by Method A which was made less than 12 months before the first day of new employment ceases to have effect on that day, and any contributions paid in pursuance of it shall be refunded.

• (3) If an election to pay such contributions is made on or after the first day of new employment—

• (a) the period to which it relates counts as reckonable service in relation to new employment but does not count in relation to the earlier employment; and

• (b) if the contributions are to be paid by Method B paragraph 14 of Schedule 4 (calculation of lump sum where salary reduced) does not apply.

17

• (1) This paragraph applies if the person becomes entitled to payment of retirement benefits by virtue of regulation E4(4) or (5) (incapacity).

• (2) For the purposes of regulation E8 (enhancement) the appropriate period shall be calculated by reference to the aggregate of the period counting as reckonable service in relation to the earlier employment and the period so counting in relation to new employment, and—

• (a) if he becomes entitled to payment of the benefits within 3 years after the start of new employment, the period counting as reckonable service in relation to the earlier employment; or

• (b) in any other case, the period so counting in relation to new employment,

is increased by the appropriate period so calculated.

18

• (1) For the purpose of calculating any death grant under regulation E20 or supplementary death grant under regulation E21 that may become payable in respect of the person—

• (a) the average salary mentioned in regulations E20(2) and E21(2)—

• (i) if the grant becomes payable within 3 years after the start of new employment, is his average salary in respect of the earlier employment; and

• (ii) in any other case, is his average salary in respect of new employment;

• (b) the retirement lump sum mentioned in regulation E20(2) is the aggregate of the lump sums that would have become payable as there mentioned in respect of each of the employments, increased in accordance with paragraph 17; and

• (c) the retirement pension mentioned in E21(3) is the aggregate of the retirement pensions paid in respect of each of the employments.

• (2) Only one of either kind of grant shall be paid.

19

Regulation E26(7) does not have effect so as to preclude the payment of a children’s pension in respect of each of the employments.

SCHEDULE 10 — Allocation of part of retirement pension

Part I — Contents of Declaration

1

• (1) A declaration shall specify—

• (a) the part of the retirement pension allocated; and

• (b) which alternative benefit it is to provide.

• (2) The part allocated, which shall be expressed as a whole number of pounds, shall not exceed the lower of—

• (a) one-third of the annual rate of the retirement pension, disregarding any National Insurance modification under Part I of Schedule 9; and

• (b) the amount that would result in the reduction of that rate to less than the rate of, as the case may be, the annuity mentioned in regulation E11(2)(a) or the subsequent annuity mentioned in regulation E11(2)(b),

and shall not be such as to affect any equivalent pension benefits.

• (3) The part allocated shall not be such as to cause the retirement pension payable to be less than the guaranteed minimum in relation to employment before 6th April 1997.

Part II — Procedure

2

• (1) A person who, with a view to making an allocation, gives the Department at least 4 months' notice of his intended retirement is referred to in this Schedule as a “retiring employee”.

• (2) For the purposes of this Schedule a person’s relevant birthday is—

• (a) where retirement benefits become payable by virtue of regulation E4(3) (female early age retirement), her 55th; and

• (b) where retirement benefits become payable by virtue of regulation E4(7) (premature retirement), his 50th;

• (c) in any other case, his 60th.

3

• (1) Before delivering a declaration a person shall have given the Department written notice of his intention to make an allocation.

• (2) The notice specified in sub-paragraph (1) shall be given—

• (a) in the case of a retiring employee, no later than his application for payment of retirement benefits; and

• (b) in any other case, no earlier than 4 months before the later of—

• (i) the date on which the person becomes qualified for retirement benefits; and

• (ii) his relevant birthday.

4

• (1) Before delivering a declaration a person shall also, at his own expense—

• (a) have satisfied the Department as to his health; and

• (b) have provided the Department with such information about the person for whose benefit the allocation is to be made, and verified it in such manner, as the Department may reasonably require.

• (2) In order to satisfy the Department as to his health the person shall have been examined by a medical practitioner nominated by the Department; he may if he wishes be examined by a second such practitioner if the Department is not satisfied as a result of the first examination.

5

• (1) On receiving a notice under paragraph 3 the Department shall notify the person in writing of—

• (a) the amount or estimated amount of his retirement pension;

• (b) the name and address of any medical practitioner nominated under paragraph 4(2); and

• (c) the time within which any declaration is to be delivered.

• (2) A declaration shall be delivered—

• (a) if the person is resident outside the United Kingdom, within 4 months; and

• (b) in any other case, within 3 months,

after receipt of the Department’s notification under sub-paragraph (1).

• (3) If the Department is satisfied as to the person’s health, and with the information provided in accordance with paragraph 4(1)(b), it shall send him a suitable form on which to make the declaration.

• (4) On the delivery to it of a declaration, the Department shall provide the person making it with written particulars of the alternative benefit.

6

A declaration, and any notice or other communication under this Part, may be sent by post.

Part III — Other Matters

7

• (1) Subject to sub-paragraphs (2) to (6), a declaration takes effect on the day on which it is delivered to the Department.

• (2) A declaration cannot take effect before the person’s relevant birthday.

• (3) A declaration has no effect if either the person making it or the person for whose benefit the allocation was to be made dies before the material time.

• (4) In the case of a declaration made by a retiring employee the material time is the later of—

• (a) the day after that on which the declaration is delivered; and

• (b) the day before that on which he becomes entitled to payment of retirement benefits.

• (5) In any other case the material time is the day on which the declaration is delivered.

• (6) A declaration may be revoked or varied by a further declaration delivered—

• (a) in the case of a retiring employee, before the day on which he becomes entitled to payment of retirement benefits; and

• (b) in any other case, before the day on which the original declaration is delivered.

8

• (1) An allocation takes effect on the day on which the person making it becomes entitled to payment of retirement benefits.

• (2) For the purposes of sub-paragraph (1), if a person other than a retiring employee dies in pensionable employment after his declaration has taken effect, he shall be taken to have become entitled to payment of retirement benefits on the date of his death.

9

• (1) If notice of intention has been given under paragraph 3 and by the later of—

• (a) the date of the person’s becoming entitled to retirement benefits; and

• (b) his relevant birthday,

no declaration has been delivered, then, from the later of those dates until he has either delivered a declaration or failed to satisfy the Department as mentioned in paragraph 5(3), one-third of his retirement pension may be withheld.

• (2) Any resulting underpayment or overpayment shall be adjusted in due course.

10

• (1) If after a retiring employee has delivered a declaration the rate of his retirement pension is increased, otherwise than under the Pensions (Increase) Act (Northern Ireland) 1971[^f00057], the part allocated is correspondingly increased.

• (2) Sub-paragraph (1) applies even if the increase in the retirement pension takes effect from a date earlier than the date of delivery of the declaration.

• (3) The corresponding increase in the part allocated, which shall be rounded down to the nearest pound, takes effect from the same date as the increase in the retirement pension.

• (4) If the alternative benefit is the one described in regulation E11(2)(b) (annuity for declarant followed by annuity for surviving spouse), the resulting increase in the first of those annuities takes effect from the same date as the increase in the retirement pension.

11

If after a person has delivered a declaration the rate of his retirement pension is reduced, the declaration continues to have effect but the part allocated is reduced to any extent necessary to secure that the restrictions in paragraph 1(2) are still complied with.

SCHEDULE 11 — Transfer values

Part I — Outward Transfers

1

A transfer value is calculated on the cash equivalent basis if it is calculated and verified in the manner required by Chapter IV of Part IV of the Pensions Act (transfer values) for the calculation of cash equivalents.

2

Where—

• (a) a transfer value is payable to the scheme managers of a club scheme or a personal pension scheme; or

• (b) a transfer value is payable to the scheme managers of an approved superannuation scheme which is not a club scheme and none of the service to which it relates is service before 1st March 1989,

and no right to a cash equivalent was acquired, the transfer value shall be calculated on the cash equivalent basis.

3

Where—

• (a) a transfer value is payable to the scheme managers of an approved superannuation scheme which is not a club scheme; and

• (b) the service to which it relates includes service before 1st March 1989; and

• (c) no right to a cash equivalent was acquired,

the amount of the transfer value is the total of

$$A and the greater of B and C,$ where— A is a notional transfer value, calculated on the cash equivalent basis, in respect of the person’s service after 28th February 1989; B is a notional transfer value, calculated on the cash equivalent basis, in respect of his service before 1st March 1989; and C is a notional transfer value, calculated as if Schedule 6 to the 1977 Regulations, as in operation on 28th February 1989, had continued in operation, in respect of his service before 1st March 1989.$

4

Where—

• (a) a transfer value is payable to the scheme managers of an approved superannuation scheme which is not a club scheme; and

• (b) the service to which it relates includes service before 1st March 1989; and

• (c) a right to a cash equivalent was acquired,

the amount of the transfer value is

$$D-E,$ where— D is the transfer value that would have been payable if paragraph 3 had applied; and E is the amount of the cash equivalent.$

5

Where—

• (a) a transfer value is payable to the scheme managers of a personal pension scheme; and

• (b) a right to a part cash equivalent was acquired,

the transfer value shall be calculated on the cash equivalent basis but as if the person’s pensionable employment had ended with 5th April 1988.

6

• (1) This paragraph applies where—

• (a) a transfer value falls to be calculated in accordance with paragraph 3 or 4; and

• (b) for the purposes of paragraph 3, C is greater than B.

• (2) Subject to sub-paragraphs (3) and (4), if the transfer value is not paid within 6 months after the person ceased to be in pensionable employment the amount calculated in accordance with paragraph 3 or 4 is increased by adding to it interest on C at 9 per cent per annum, compounded with 3-monthly rests, for each complete period of 3 months after the end of the employment and before the date of payment.

• (3) If the employment ended before 1st April 1977 the amount calculated in accordance with paragraph 3 is increased by adding to it—

• (a) interest on C at 6 per cent per annum, compounded with yearly rests, for each complete period of a year after the end of the employment and before 1st April 1977; and

• (b) interest on C at 9 per cent per annum, compounded with 3-monthly rests, for the period of 3 months beginning on 1st April 1977 and for each subsequent complete period of 3 months before the date of payment.

• (4) If the employment ended after 5th April 1978 and before 1st April 1979 the amount calculated in accordance with paragraph 3 is increased by adding to it interest on C at 6 per cent per annum, compounded with yearly rests, for each complete period of a year after the end of the employment and before the date of payment.

7

Where a transfer value is paid to the scheme managers of an occupational pension scheme which is not a contracted-out scheme or of a personal pension scheme, there may be deducted from it the amount of any contributions equivalent premium paid by the Department.

Part II — Inward Transfers

8

If the employment in which the person was subject to the previous scheme was comparable service, he is entitled to count as reckonable service the period of service certified by the scheme managers as having stood to his credit under the scheme when he ceased to be subject to it.

9

• (1) If—

• (a) the previous scheme is a club scheme service under which is not comparable service; or

• (b) the previous scheme is a personal pension scheme or an approved superannuation scheme which is not a club scheme and the person has entered pensionable employment after 31st December 1985,

he is entitled, unless paragraph 10 applies, to count as reckonable service the period specified in sub-paragraph (2).

• (2) The period is one equal to the period of reckonable service that would enable the Department to pay a transfer value, calculated on an actuarial basis, of the same amount as the one accepted.

• (3) In calculating the period specified in sub-paragraph (2)—

• (a) if sub-paragraph (1)(a) applies and the request for the transfer value to be accepted was made within 12 months after the date which the person entered pensionable employment, the calculation shall be made by reference to the age and salary notified by the scheme managers of the previous scheme as those by reference to which the transfer value accepted was calculated;

• (b) if sub-paragraph (1)(b) applies and the transfer value was received within 12 months after the date on which the person entered pensionable employment, the calculation shall be made by reference to his age, and the annual rate of his contributable salary, on that date;

• (c) in any other case, the calculation shall be made by reference to his age, and the annual rate of his contributable salary, on the date on which the transfer value was received;

• (d) if sub-paragraph (1)(a) applies any sum representing interest that is included in the transfer value shall not be taken into account; and

• (e) if sub-paragraph (1)(b) applies any sum referred to in head (d) shall be taken into account.

10

• (1) This paragraph applies where—

• (a) the condition specified in paragraph 9(1)(b) applies;

• (b) the person has made an election under regulation B5 (election to rejoin pensionable service);

• (c) the previous election under regulation 12 of the Teachers' Superannuation (Miscellaneous Provisions No. 2) Regulations (Northern Ireland) 1988[^f00058] (election not to be pensionable) was made before 30th June 1994;

• (d) the person has been in excluded employment between the date of the election under regulation B4 and the date of the election under regulation B5;

• (e) a transfer value was paid under regulation 75 of the 1977 Regulations or under Schedule 1A to the Social Security Pensions Act 1975[^f00059] or chapter 1V of Part 1V of the Pensions Act in respect of the person in consequence of him ceasing to be in pensionable employment by virtue of the election under regulation B4;

• (f) the person is an individual as is mentioned in section 172(1) of the Pensions Act 1995[^f00060]; and

• (g) the Department accepts a transfer value under regulation F4 of the amount specified in sub-paragraph (3).

• (2) In this paragraph “the period of original pensionable employment” means the period during which the person was in pensionable employment before he made his election under regulation B4.

• (3) The amount referred to in sub-paragraph (1)(g) is

$$A+B$ where— A is the transfer value which, calculated on the basis specified in paragraph 9(2), would enable the person to count the period of excluded employment as reckonable service as if it had been pensionable employment; and B is the greater of— the transfer value paid by the Department in respect of the person in consequence of his ceasing to be in pensionable employment by virtue of his election under regulation B4 together with— in a case where the transfer value was paid to the Department pursuant to regulation F4 within four weeks of the request under regulation F4(3) an amount, determined actuarially, which represents the income which would have been received had such sum been invested during the period starting at the end of the month in which the transfer value was paid under regulation F1 and ending at the end of the month in which the request under regulation F4(3) was made; and in any other case the amount referred to in paragraph (i) together with a further amount, determined actuarially, which represents the income which would have been received compounded with monthly rests, had such sum been invested during the period starting at the end of the month in which the request under regulation F4(3) was made and ending at the end of the month in which the transfer value was paid to the Department; and the amount which would be paid as a transfer value under regulation F1 in respect of the person if at the date on which he made the election under regulation B5— he was in pensionable employment and made an election under regulation B4; and he had been in pensionable employment for a period equal to the period of original pensionable employment.$

• (4) Where this paragraph applies the person is entitled to count as reckonable service—

• (a) the reckonable service arising from the period of original pensionable employment; and

• (b) such service arising from the period of excluded employment as if it had been pensionable employment.

11

If—

• (a) the previous scheme is an approved superannuation scheme which is not a club scheme; and

• (b) the person entered pensionable employment before 1st January 1986,

he is entitled to count as reckonable service a period calculated as if Schedule 6 to the 1977 Regulations, as in operation on 28th February 1989, had continued in operation.

SCHEDULE 12 — Teachers' Superannuation Account

Part 1 — Transitional

1

The account that was required by regulation 80 of the 1977 Regulations to be kept by the Department shall be made up to 1st November 1998 as if the period beginning with and including 1st April 1998 and ending with 1st November 1998 had been an accounting period within the meaning of Part V of the 1977 Regulations.

2

• (1) References in regulations G1 to G3 and in this Schedule to a financial year shall be construed as including references to the period beginning with and including 2nd November 1998 and ending with 31st March 1999.

• (2) In relation to that period—

• (a) the reference in regulation G2(4)(a) to the closing balance in the account for the preceding financial year shall be construed as a reference to the closing balance in the account mentioned in paragraph 1 for the period mentioned in that paragraph; and

• (b) the reference in paragraph 6(2) to 1st October in the financial year shall be construed as a reference to 1st October 1998.

3

• (1) For the purposes of Part G—

• (a) the inquiry which was required by regulation 86(1) of the 1977 Regulations to be made with respect to the account mentioned in paragraph 1 at the end of the accounting period ending with 31st March 1998 shall be treated as having been an inquiry required by regulation G4(1); and

• (b) the report on that inquiry shall be treated as a report made in compliance with regulation G4(2),

and accordingly for the purposes of regulation G5 (employers' contributions) the first relevant period is the period beginning on 1st April next following the date of that report.

• (2) During the period beginning with and including 2nd November 1998 and ending immediately before the start of the first relevant period regulation G5 applies as if that period had been a relevant period and the required percentage had been 7.85.

Part II — Form of Account

4

The form referred to in regulation G1 is the following:

[image omitted]

Part III — Notional Interest

5

• (1) Subject to sub-paragraph (2) and paragraph 7(3), the notional interest to be credited to the account under regulation G2(4)(e) is the interest that would have accrued for the financial year—

• (a) from the notional investment that was referred to in regulation 83(1)(c) of the 1977 Regulations[^f00061] (investment referable to accumulated balance of revenue over expenditure as at 31st March 1971); and

• (b) from the notional investments of annual balances that were referred to in regulation 83(1)(b) of the 1977 Regulations (balances for financial years ending on or after 31st March 1972); and

• (c) in any financial year beginning after 31st March 1999, from the assumed investments at the end of preceding financial years described in paragraph 6(4),

and half the interest that would have accrued for the financial year from the assumed investment described in paragraph 6(3).

• (2) There shall be deducted from the gross amount of the notional interest an amount equal to the income tax that would have been payable if the notional and assumed investments had been held for the purposes of a retirement benefits scheme approved under Chapter I of Part XIV of the Income and Corporation Taxes Act 1988[^f00062] which was an exempt approved scheme within the meaning of that Chapter and which provided benefits comparable to those provided under these Regulations.

6

• (1) In this paragraph “invested” means invested in one or more designated securities at the mean price.

• (2) A designated security is a government security designated for the financial year by the Department after consulting the Government Actuary, and the mean price is half way between the highest and lowest prices shown for it in the Official Daily List of The Stock Exchange for 1st October in the financial year or, if the Exchange was not then open, for the last day on which it had been open.

• (3) It shall be assumed that

$$A+B-C$ was invested at the beginning of the financial year— A being the total of the receipts credited for the financial year in accordance with regulation G2(1) and (4)(b) to (d); B being the notional interest described in paragraph 5(1)(a), (b) and (c); and C being the total of the payments debited for the financial year in accordance with regulation G3.$

• (4) It shall be assumed that

$A+B+D-C$

is invested at the end of the financial year in the same designated security or securities, A, B and C being the same as in sub-paragraph (3) and D being half the interest that would have accrued for the financial year from the assumed investment described in that sub-paragraph.

7

• (1) Any security which is the subject of a notional or assumed investment mentioned in paragraph 5(1)(a), (b) or (c) shall be treated as having been redeemed on the last date on which it could have been redeemed in accordance with the terms on which it was issued (“the redemption date”).

• (2) The amount originally treated as invested in the security shall be assumed to have been re-invested on the redemption date in a government security designated by the Department after consulting the Government Actuary.

• (3) The notional interest calculated in accordance with paragraph 5 shall be increased by any excess of F over E, or as the case may be reduced by any excess of

$$E over F,$ where— E is the amount originally treated as invested in the security; and F is the amount notionally received on its redemption after deducting any capital gains tax that would have been payable if the investment had been held for the purposes of a retirement benefits scheme of the kind mentioned in paragraph 5(2).$

SCHEDULE 13 — Revocations, savings and transitional provisions

Part I — Revocations

Regulations revoked	References
The Teachers' Superannuation Regulations (Northern Ireland) 1977	S.R. 1977 No. 260
The Teachers' Superannuation (Amendment) Regulations (Northern Ireland) 1978	S.R. 1978 No. 147
The Teachers' Superannuation (Amendments) (No. 2) Regulations (Northern Ireland) 1978	S.R. 1978 No. 351
The Teachers' Superannuation (Amendment) Regulations (Northern Ireland) 1979	S.R. 1979 No. 380
The Teachers' Superannuation (Amendment) Regulations (Northern Ireland) 1980	S.R. 1980 No. 305
The Teachers' Superannuation (Amendment No 2) Regulations (Northern Ireland) 1980	S.R. 1980 No. 435
The Teachers' Superannuation (Amendment) Regulations (Northern Ireland) 1981	S.R. 1981 No. 151
The Teachers' Superannuation (War Service) Regulations (Northern Ireland) 1982	S.R. 1982 No. 162
The Teachers' Superannuation (Amendment) Regulations (Northern Ireland) 1982	S.R. 1982 No. 346
The Teachers' Superannuation (Amendment) Regulations (Northern Ireland) 1987	S.R. 1987 No. 76
The Teachers' Superannuation (Amendment No. 2) Regulations (Northern Ireland) 1987	S.R. 1987 No. 86
The Teachers' Superannuation (Amendment No. 3) Regulations (Northern Ireland) 1987	S.R. 1987 No. 315
The Teachers' Superannuation (Amendment) Regulations (Northern Ireland) 1988	S.R. 1988 No. 64
The Teachers' Superannuation (Miscellaneous Provisions) Regulations (Northern Ireland) 1988	S.I. 1988 No. 167
The Teachers' Superannuation (Miscellaneous Provisions No. 2) Regulations (Northern Ireland) 1988	S.R. 1988 No. 363
The Teachers' Superannuation (Amendment) Regulations (Northern Ireland) 1989	S.R. 1989 No. 25
The Teachers' Superannuation (Amendment No. 2) Regulations (Northern Ireland) 1989	S.R. 1989 No. 181

Part II — Savings

1

The revocation by these Regulations of a transitional provision relating to the coming into operation of a provision re-enacted in these Regulations does not affect the operation of that transitional provision, so far as it remains capable of having effect, in relation to the provision as re-enacted.

2

• (1) The revocation by these Regulations of a provision previously revoked subject to savings does not affect the previous operation of those savings.

• (2) The revocation by these Regulations of a saving made on the previous revocation of a provision does not affect the operation of the saving in so far as it remains capable of having effect.

3

Any document made, served or issued after 1st November 1998 which includes a reference to a provision revoked by these Regulations shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these Regulations.

Part III — Transitional Provisions

1

• (1) The re-enactment of provisions in these Regulations, and the consequent revocation of those provisions by these Regulations, does not affect the continuity of the law.

• (2) The general rule is that the provisions of these Regulations apply, in accordance with sub-paragraph (1), to matters arising before the commencement of these Regulations as to matters arising after that commencement.

• (3) The general rule has effect subject to any express provision to the contrary, and to paragraph 2 (protected benefits).

• (4) The general rule does not mean that the provisions of these Regulations apply to cases to which the corresponding revoked provisions did not apply by virtue of transitional provision made in connection with the commencement of the revoked provisions (such transitional provisions are saved by paragraph 1 of Part II).

2

• (1) Where—

• (a) a provision of these Regulations (“the new provision”) re-enacts with any modification a provision revoked by these Regulations (“the former provision”); and

• (b) the effect of the general rule is that a person to whom a protected benefit was being paid or might become payable is placed in a worse position than he would have been in if the former provision had continued to have effect,

he may by giving written notice to the Department within 3 months after 2nd November 1998 elect that the new provision is to apply in relation to the benefit as if it had re-enacted the former provision without modification.

• (2) A protected benefit is one paid, or capable of becoming payable, to or in respect of a person who before 2nd November 1998 ceased to be in pensionable employment or died.

3

Where a period of time specified in a provision of any Regulations revoked by these Regulations is current at the commencement of these Regulations, these Regulations have effect as if the corresponding provision of these Regulations had been in operation when that period began to run.

Signed

Sealed with the Official Seal of the Department of Education on

T. N. Jackson — Assistant Secretary — 22nd September 1998.

The Department of Finance and Personnel hereby consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on

C. P. Moore — Assistant Secretary — 22nd September 1998.

Explanatory note

(This note is not part of the Regulations.)

These Regulations revoke and replace the Teachers' Superannuation Regulations (Northern Ireland) 1977.

The principal changes are as follows:—

• (a) A teacher employed in a part-time capacity may elect that the employment should be pensionable (Regulation B1) and may purchase added years on the same conditions as full-time employees (regulations C3 and C6).

• (b) The rate of contributions payable by a teacher absent on maternity leave will be based on the actual salary paid and not on the notional salary payable. The employer’s contribution will continue to be based on the notional salary that would have been payable (regulation C1, (1)(c)).

• (c) A teacher who has been out of pensionable employment for one month or more will be entitled to a refund of contributions provided that he does not have enough service to qualify for superannuation benefits (regulation C9(1)).

• (d) Where a teacher has been prohibited or restricted from teaching on the grounds of misconduct, or where such action is being considered by the Department of Education, infirmity retirement will not be permitted (regulation E4 (4) and (5)).

• (e) Where a teacher has resigned from teaching and subsequently qualifies for infirmity benefits, the benefits are payable from the date immediately after the last day of his employment as a teacher (regulation E4(10)).

• (f) Service before 1 October 1956 will, in calculating the lump sum, be treated in the same way as other service (regulation E6).

• (g) Abatement of pension during further employment is calculated on an “annual” basis instead of the previous “quarterly” basis (regulation E14).

• (h) Where a person is granted infirmity retirement and there are exceptional circumstances of serious ill health, he may elect to commute the retirement pension to a lump sum (regulation E19).

• (i) The death grant is increased to twice the average annual salary Death grants are payable only to the person nominated by the deceased. At any time there may be only one valid nominee. Where no nomination has been made, the death grant is payable to the surviving spouse or, if there is no surviving spouse, to the personal representatives (regulation E20).

• (j) The method of calculating average annual salary for a teacher employed in a part-time capacity has been changed. Average annual salary for such a teacher is based on the salary the teacher would have received if he had been employed in a full-time capacity for that period (regulation E31(10).

• (k) The period within which superannuation contributions must be paid over to the Department has been reduced from 2 weeks to seven days after the end of the month to which the contributions relate (regulation G6).

• (l) Where a teacher continues to be employed by the same employer but at a reduced rate of salary, his superannuation benefits may be calculated in two parts. This may be done only where the transfer to the employment on lower salary has been in the interests of the efficient discharge of the employer’s function.

The first part of the pension will be determined on the basis of the average annual salary and the service immediately before the reduced salary took effect. The second part of the pension will be determined by the average annual salary at the date of retirement and the service which was not taken into account in the first part (regulation H1 and Schedule 9 Part II).

Footnotes

[^f00001]: Formerly Ministry: see 1973 c. 36 Sch. 5 para. 8(1)

[^f00002]: As amended by S.I. 1990/1509 (N.I. 13) Article 13(1)

[^f00003]: As inserted by S.I. 1990/1509 (N.I. 13) Article 10(3)

[^f00004]: As inserted by S.I. 1990/1509 (N.I. 13) Article 6(1)

[^f00005]: As amended by S.I. 1990/1509 (N.I. 13) Articles 10(4) and 13(2)

[^f00006]: Article 14 was amended by S.I. 1990/1509 (N.I. 13) Article 12(1) and (2) and Article 14(3A) was inserted by S.I.1990/1509 (N.I. 13) Article 12(3)

[^f00007]: S.I. 1972/1073 (N.I. 10)

[^f00008]: Formerly a function of the Department of Finance: see S.I. 1982/378 (N.I. 6) Article 3

[^f00009]: S.R. 1977 No. 260 as amended by S.R. 1978 No. 147, S.R. 1978 No. 351, S.R. 1979 No. 380, S.R. 1980 No. 435, S.R. 1981 No. 151, S.R. 1982 No. 12, S.R. 1982 No. 162, S.R. 1982 No. 346, S.R. 1987 No. 76, S.R. 1987 No. 86, S.R. 1987 No. 315, S.R. 1988 No. 64, S.R. 1988 No. 167, S.R. 1988 No. 363, S.R. 1989 No. 25, and S.R. 1989 No. 181

[^f00010]: 1988 c. 1; section 590C was inserted by the Finance Act 1989 (c. 26) Schedule 6, paragraph 4

[^f00011]: S.I. 1996/1919 (N.I. 16)

[^f00012]: S.I. 1995/1980 (N.I. 12)

[^f00013]: 1996 c. 14

[^f00014]: 1951 c. 65

[^f00015]: 1988 c. 1

[^f00016]: As amended by S.I. 1995/3212 (N.I. 22) Article 147 and Schedule 3, paragraphs 47 to 49

[^f00017]: As inserted by S.R. 1987 No. 76 regulation 18

[^f00018]: 1993 c. 49 as amended by S.I. 1995/3213 (N.I. 22) Article 147 and Schedule 3 paragraph 20

[^f00019]: S.R. 1997 No. 312

[^f00020]: 1971 c. 35 (N.I.). Part 1 of the Act has been amended by Article 23(1) of, and paragraphs 8 to 10 of Schedule 6 to the Superannuation (Northern Ireland) Order 1972 (S.I. 1972/1073 (N.I. 10)); Articles 5(2) and (3) of the Pensions (Increase) (Northern Ireland) Order 1974 (S.I. 1974/1267 (N.I. 2)); Article 74(2) of, and Schedule 6 to the Social Security Pensions (Northern Ireland) Order 1975 (S.I. 1975/1503 (N.I. 15)) and Article 2 of the Pensions Increase (Reduction of Qualifying Age) Order 1972 (S.R. & O. (N.I.) 1972 No. 264)). See also Articles 69 and 69A of the Social Security Pensions (Northern Ireland) Order 1975 (S.I.1975/1503 (N.I. 15)) which have effect as if they were contained in Part V of that Act. Article 69A was inserted by the Social Security (Northern Ireland) Order 1979 (S.I. 1979/396 (N.I. 5)); Article 10(3) Part I of the Act has also been amended by the Pensions (Miscellaneous Provisions) (Northern Ireland) Order 1990 (S.I. 1990/1509 (N.I. 13))

[^f00021]: 1911 c. 28; 1920 c. 75; 1939 c. 121 and 1989 c. 6

[^f00022]: S.R. 1974 No. 185, revoked by S.R. 1977 No. 260

[^f00023]: 1975 c. 57

[^f00024]: S.R. 1982 No. 12

[^f00025]: 1870 c. 35

[^f00026]: S.I. 1978/1045 (N.I. 15); Articles 27B, 27C and 27D were inserted by S.I. 1995/3213 (N.I. 22) Article 162(1)

[^f00027]: S.I. 1989/2405 (N.I. 19) as amended by S.I. 1995/3213 (N.I. 22) Article 119 and Schedule 1 paragraph 11

[^f00028]: 1992 c. 7

[^f00029]: 1988 c. 1

[^f00030]: 1971 c. 35 (N.I.). Part 1 of the Act has been amended by Article 23(1) of, and paragraphs 8 to 10 of Schedule 6 to the Superannuation (Northern Ireland) Order 1972 (S.I. 1972/1073 (N.I. 10)); Articles 5(2) and (3) of the Pensions (Increase) (Northern Ireland) Order 1974 (S.I. 1974/1267 (N.I.2)); Article 74(2) of, and Schedule 6 to the Social Security Pensions (Northern Ireland) Order 1975 (S.I.1975/1503 (N.I. 15)) and Article 2 of the Pensions Increase (Reduction of Qualifying Age) Order 1972 (S.R. & O. (N.I.) 1972 No. 264)). See also Articles 69 and 69A of the Social Security Pensions (Northern Ireland) Order 1975 (S.I. 1975/1503 (N.I. 15)) which have effect as if they were contained in Part V of that Act. Article 69A was inserted by the Social Security (Northern Ireland) Order 1979 (S.I. 1979/396 (N.I. 5)) Article 10(3) Part I of the Act has also been amended by the Pensions (Miscellaneous Provisions) (Northern Ireland) Order 1990 (S.I. 1990/1509 (N.I. 13))

[^f00031]: S.I. 1989/2406 (N.I. 20) as amended by S.I. 1993/2810 (N.I. 12), S.I. 1997/866 (N.I. 5) and S.I. 1997/1722 (N.I. 15)

[^f00032]: S.I. 1975/1503 (N.I. 15)

[^f00033]: 1992 c. 8

[^f00034]: As amended by S.I. 1995/3213 (N.I. 22) Article 147 and Schedule 3 paragraph 21

[^f00035]: 1954 c. 33 (N.I.)

[^f00036]: 1988 c. 1

[^f00037]: Section 611A was inserted by the Finance Act 1989, Schedule 6 para 15

[^f00038]: As substituted by S.I. 1995/3213 (N.I. 22) Article 138(1)

[^f00039]: 1966 c. 6 (N.I.)

[^f00040]: S.I. 1995/3213 (N.I. 22)

[^f00041]: S.I. 1986/594 (N.I. 3) Article 69 was substituted by Article 42 of S.I. 1993/2810 (N.I. 12) and amended by Schedule 4 to S.I. 1997/1722 (N.I. 15)

[^f00042]: S.R. & O. (N.I.) 1951 No. 129 (p. 101) as amended by the National Insurance (Modification of Teachers' Annual Allowances) Amending Regulations (Northern Ireland) 1957

[^f00043]: S.R. & O. (N.I.) 1957 No. 210 (p. 248)

[^f00044]: S.R. & O. (N.I.) 1967 No. 124

[^f00045]: S.R. & O. (N.I.) 1972 No. 319 to which there are amendments not relevant to these Regulations

[^f00046]: S.R. & O. (N.I.) 1972 No. 82 to which there are amendments not relevant to these Regulations

[^f00047]: S.R. 1977 No. 260 as amended by S.R. 1978 No. 147, S.R. 1978 No 351, S.R. 1979 No. 380, S.R. 1980 No. 435, S.R. 1981 No 151, S.R. 1982 No. 12, S.R. 1982 No. 162, S.R. 1982 No. 346, S.R. 1987 No 76, S.R. 1987 No. 86, S.R. 1987 No. 315, S.R. 1988 No. 64, S.R. 1988 No. 167, S.R. 1988 No. 363, S.R. 1989 No. 25 and S.R. 1989 No. 181

[^f00048]: 1950 c. 33 (N.I.)

[^f00049]: 1956 c. 22 (N.I.)

[^f00050]: 1967 c. 3 (N.I.)

[^f00051]: 1993 c. 49 as amended by S.I. 1995/3213 (N.I. 22)

[^f00052]: S.I. 1986/594 (N.I. 3)

[^f00053]: 1968 c. 34 (N.I.): Section 180(1) was amended by S.I. 1995/755 (N.I. 2) Article 185(1) and paragraph 53 of Schedule 9

[^f00054]: S.R. 1984 No 336 to which there are amendments not relevant to these Regulations

[^f00055]: S.I. 1987/167 (N.I. 2)

[^f00056]: 1966 c. 6 (N.I.)

[^f00057]: 1971 c. 35 (N.I.) Part I of the Act has been amended by Article 23(1) of, and paragraphs 8 to 10 of Schedule 6 to the Superannuation (Northern Ireland) Order 1972 (S.I. 1972/1073 (N.I. 10)); Articles 5(2) and (3) of the Pensions (Increase) (Northern Ireland) Order 1974 (S.I. 1974/1267 (N.I. 2)); Article 74(2) of, and Schedule 6 to the Social Security Pensions (Northern Ireland) Order 1975 (S.I. 1975/1503 (N.I. 15)) and Article 2 of the Pensions Increase (Reduction of Qualifying Age) Order 1972 (S.R. & O. (N.I.) 1972 No. 264)). See also Articles 69 and 69A of the Social Security Pensions (Northern Ireland) Order 1975 (S.I. 1975/1503) (N.I. 15) which have effect as if they were contained in Part V of that Act. Article 69A was inserted by the Social Security (Northern Ireland) Order 1979 (S.I. 1979/396 (N.I. 5)); Article 10(3) Part I of the Act has also been amended by the Pensions (Miscellaneous Provisions) (Northern Ireland) Order 1990 (S.I. 1990/1509 (N.I. 13))

[^f00058]: S.R. 1998 No. 363

[^f00059]: 1975 c. 60; Schedule 1A (now repealed by 1993 c. 49) was inserted by the Social Security Act 1985 (c. 85) Schedule 1, paragraph 3

[^f00060]: 1995 c. 26

[^f00061]: Regulation 83 was as substituted by S.R. 1979 No. 380, Regulation 8 and Appendix 3, Regulations 79 to 81 were renumbered 80 to 92 by S.R. 1988 No. 64, Regulation 3(2)

[^f00062]: 1988 c. 1