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Statutory Instruments

2019 No. 502

Exiting The European Union

Public Service Pensions, England And Wales

Education, England And Wales

The Teachers’ Pensions Schemes (Amendment) (EU Exit) Regulations 2019

Sift requirements satisfied

28th February 2019

Made

6th March 2019

Laid before Parliament

8th March 2019

Coming into force in accordance with regulation 1(1)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018( 1 ).

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Teachers’ Pensions Schemes (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

(2) In these Regulations—

the 2010 Regulations” means the Teachers’ Pensions Regulations 2010 ( 2 );

the 2014 Regulations” means the Teachers’ Pension Scheme Regulations 2014 ( 3 ).

Amendments to the 2010 Regulations

2. —(1) The 2010 Regulations are amended as follows.

(2) In regulation 13(3) (accepted schools), omit sub-paragraph (c).

(3) In Schedule 1 (glossary of expressions), omit the expression “COBIS” and its meaning.

(4) In Schedule 2 (pensionable employment)

(a) in Part 1 (employments pensionable without election), in paragraph 3, omit the words from “(other than a” to the end;

(b) in Part 3 (employments pensionable on election with employer consent), omit paragraph 25.

Amendments to the 2014 Regulations

3. —(1) Schedule 1 to the 2014 Regulations (eligible employment) is amended as follows.

(2) In Part 1 (general)—

(a) in paragraph 1 (interpretation), omit the definition of “COBIS”;

(b) in paragraph 2 (meaning of accepted school), in sub-paragraph (3), omit paragraph (c).

(3) In Part 2 (service pensionable without election), in paragraph 11, omit the words from “(other than a” to the end.

(4) In Part 4 (service pensionable on election with employer consent), omit paragraph 34.

Savings

4. —(1) Despite the amendments made by regulation 2, Schedule 2 to the 2010 Regulations continues to apply on and after exit day in relation to an existing COBIS teacher as if that regulation had not come into force.

(2) In this regulation, “existing COBIS teacher” means a person who at any time before exit day

(a) was employed as a teacher by the proprietor of, or anyone else concerned in the management of, an accepted school which was a member of COBIS and was located in a member State other than the United Kingdom; and

(b) in respect of that employment, made contributions to the Scheme (within the meaning of the 2010 Regulations).

(3) In this regulation—

(a) COBIS” has the meaning given in Schedule 1 to the 2010 Regulations as it had effect immediately before exit day;

(b) accepted school” has the meaning given in regulation 13 of the 2010 Regulations as it had effect immediately before exit day.

5. —(1) Despite the amendments made by regulation 3, Parts 2 and 4 of Schedule 1 to the 2014 Regulations continue to apply on and after exit day in relation to an existing COBIS teacher as if that regulation had not come into force.

(2) In this regulation, “existing COBIS teacher” means a person who at any time before exit day

(a) was employed as a teacher by the proprietor of, or anyone else concerned in the management of, an accepted school which was a member of COBIS and was located in a member State other than the United Kingdom; and

(b) in respect of that employment, made contributions to the scheme established by the 2014 Regulations.

(3) In this regulation—

(a) COBIS” has the meaning given in Schedule 1 to the 2014 Regulations as it had effect immediately before exit day;

(b) accepted school” has the meaning given in paragraph 2 of Schedule 1 to the 2014 Regulations as it had effect immediately before exit day.

Nick Gibb

Minister of State for School Standards

Department for Education

6th March 2019

( 1 )

2018 c. 16 .

( 2 )

S.I. 2010/990 , amended by S.I. 2012/2270 and S.I. 2014/2651 ; there are other amending instruments but none is relevant.

( 3 )

S.I. 2014/512 , to which there are amendments not relevant to these Regulations.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Teachers’ Pensions Schemes (Amendment) (EU Exit) Regulations 2019 (2019/502)
Version from: original only

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
Defined Term Section/Article ID Scope of Application
accepted school reg. 4. def_c8f3b21536
accepted school reg. 4. def_8848cb44ba
COBIS reg. 4. def_501e9f0fa1
COBIS reg. 4. def_d62cd918fd
existing COBIS teacher reg. 4. def_46c3411e70
existing COBIS teacher reg. 4. def_7715211cd9
the 2010 Regulations reg. 1. def_c22cd142f3
the 2014 Regulations reg. 1. def_f5380c83d4

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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