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
S.I. 2010/990 , amended by S.I. 2012/2270 and S.I. 2014/2651 ; there are other amending instruments but none is relevant.
S.I. 2014/512 , to which there are amendments not relevant to these Regulations.