Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Teachers’ Pensions (Miscellaneous Amendments) (No 2) Regulations 2006 and come into force on 1st October 2006.

(2) Regulation 4(a) to (c) and (f) (and regulation 3 so far as it relates to it) has effect from 1st June 2006.

(3)Regulation 8 (and regulation 3 so far as it relates to it) has effect from 14th June 2006.

(4) Regulation 10 insofar as it inserts paragraph 7 into Schedule 8 to the 1997 Regulations (and regulation 3 so far as relates to it) has effect from 1st October 2005.

(5) In these Regulations “the 1997 Regulations” means the Teachers’ Pensions Regulations 1997( 3 ).

Amendment of the Teachers’ Superannuation (Additional Voluntary Contributions) Regulations 1994

2. For Regulation 11(1) and (2) of the Teachers’ Superannuation (Additional Voluntary Contributions) Regulations 1994 ( 4 ) substitute the following—

“ (1) Except as provided in paragraph (2) the Secretary of State shall, on application by a person who has ceased to be a contributor by virtue of regulation 7(2)(b) or (c), pay a transfer value representing the value of investments made under regulation 9(1) or 10(2) to any other registered pension scheme in which the person may be participating (provided that the other pension scheme is willing and able to accept such a transfer value).

(2) A transfer value shall not however be paid pursuant to paragraph (1)—

(a) in respect of a person who has ceased to be a contributor by virtue of regulation 7(2)(b), if the person ceased to be a contributor before 6th April 2006 and has not become a contributor again since that date, or

(b) in respect of a person who has ceased to be a contributor by virtue of regulation 7(2)(c) and who ceased to be in pensionable employment before 6th April 2006, unless a transfer value is payable in respect of that person under regulation F1 or F1A of the 1997 Regulations. ” .

Amendment of the Teachers’ Pensions Regulations 1997

3. The 1997 Regulations are amended as follows.

4. In regulation C1—

(a) for paragraph (1) (a) substitute—

“ (a) the amounts payable by his employer under any pay order for the time being in force, ” ,

(b) omit “and” at the end of paragraph (1)(c) and insert “and” at the end of paragraph (1)(d),

(c) after paragraph (1)(d) insert the following sub-paragraph—

“ (e) an amount equal to any part of the person’s salary which he has given up the right to receive, pursuant to a salary sacrifice arrangement ” ,

(d) omit “and” at the end of paragraph (2)(b) and insert “and” at the end of paragraph (2)(c),

(e) after paragraph (2) (c) insert the following sub-paragraph—

“ (d) any amount mentioned in paragraph (1)(e). ” ,

(f) after paragraph (11) insert the following paragraph—

“ (12) In this regulation—

“pay order” means any order under section 122 of the 2002 Act or any document referred to in such an order, and

“salary sacrifice arrangement” means—

5. In regulation C2—

(a) in paragraph (1)(a) after “reduced” insert “before 1st October 2006”,

(b) in paragraph (1)(b) after “(“employer A”)” insert “before 1st October 2006”.

6. In regulation E4 —

(a) in paragraph (4) before “in cases where the pensionable employment ceased on or after 1st April 1997” insert “, subject to paragraph (4A),”,

(b) after paragraph (4) insert the following paragraph—

“ (4A) If the Secretary of State has exercised, or is considering the exercise of, his powers under section 142 of the 2002 Act on the grounds mentioned in subsection (4)(b) of that section to direct that the person may not carry out work to which that section applies but is satisfied that there are exceptional circumstances relating to the person which make it appropriate that he should fall within case C, he may determine that, despite the provisions in paragraph (4), the person (provided that he satisfies the conditions in subparagraphs (a) to (d) of paragraph (4)) falls within Case C. ” .

7. In regulation E13 after paragraph (1) insert the following paragraph—

“ (1A) This regulation also applies where a person’s entitlement to payment of a teacher’s pension by virtue of regulation E4(6) of the 1988 Regulations took effect under regulation E4(9) of those regulations before 1st April 1997 and the person ceases to be incapacitated. ” .

8. In regulation E19—

(a) in paragraph (1) omit “in respect of so much of it as exceeds the person’s guaranteed minimum”,

(b) for paragraph (2) substitute—

“ (2) The lump sum is an amount equal to five times the annual rate of the retirement pension. ” .

9. In Schedule 1—

(a) in the definition of “Retirement lump sum” omit “and (except in regulations E2, E6 and E6A) includes any supplementary retirement lump sum payable under regulation E6A”,

(b) in the definition of “Retirement pension” omit “and (except in regulations E2, E5 and E6A) includes any supplementary retirement pension payable under regulation E6A”.

10. In Schedule 8 after paragraph 6 insert—

“ 7. A period of employment which a person would be entitled to count as reckonable service under regulation D1(1)(b) together with the agreed terms of the bulk transfer referred to in F4A, in circumstances where—

(a) the person was given the opportunity to transfer past service pension rights under regulation F4A, but

(b) no transfer value has been accepted in respect of that person.

8. A period of employment which is pensionable employment within the meaning of the National Health Service Pension Scheme Regulations 1995 ( 5 ) not falling within paragraph 7 where—

(a) Part VI of Schedule 10 applies to the person, but

(b) no transfer value has been accepted in respect of that person. ” .

11. In Schedule 10 omit paragraph 38.