Legislation – The Teachers’ Pensions (Remediable Service) (Scotland) Regulations 2023
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PART 1Introductory provisions
Citation, commencement and extent
1.
These Regulations—
(a)
may be cited as the Teachers’ Pensions (Remediable Service) (Scotland) Regulations 2023,
(b)
come into force on 1 October 2023,
(c)
extend to Scotland.
Interpretation
2.
(1)
In these Regulations—
“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022,
“deferred choice decision” has the meaning given in regulation 12(1),
“deferred choice decision-maker” means the person who may make a F1deferred choice decision under regulation 12(2),
“deferred choice member” means a member with remediable teacher service who, immediately before 1 October 2023, was—
(a)
(b)
“end of the section 10 election period”, in relation to a deferred choice member, means the end of the day determined in accordance with—
(a)
where the member is the deferred choice decision-maker, regulation 13(2)(b),
(b)
where a person other than the member is the deferred choice decision-maker, regulation 14(2)(b),
“immediate choice decision” has the meaning given in regulation 8(1),
“immediate choice decision-maker” means the person who may make an immediate choice decision under regulation 8(2),
“immediate choice member” means a member with remediable teacher service who, immediately before 1 October 2023, was—
(a)
a pensioner member in relation to that service, or
(b)
a deceased member,
“member” means an active, deferred, deceased or pensioner, but not a pension credit, member of a teacher pension scheme,
“opted-out service election” has the meaning given in regulation 6(1),
“remedy member” means a deferred choice member or an immediate choice member,
“section 6 election” has the meaning given in regulation 8(1)(a),
“section 10 election” has the meaning given in regulation 12(1)(a),
“surviving adult” means—
(a)
surviving spouse,
(b)
surviving civil partner,
(c)
surviving qualifying partner,
“teacher pension scheme” means the legacy scheme or the reformed scheme.
(2)
For the purposes of these Regulations, a reference in PSPJOA 2022 to section 2(1) of that Act coming into force is to be understood as a reference to that section coming into force in relation to members of a teacher pension scheme.
(3)
A term used in these Regulations which—
(a)
is defined in, or for the purposes of, a provision in Chapter 1 of Part 1 of PSPJOA 2022, and
(b)
is not defined differently in these Regulations,
has the meaning given in, or for the purposes of, that provision.
(4)
A term used in these Regulations which—
(a)
is defined in the 2005 Regulations or the 2014 Regulations (“the relevant Regulations”), and
(b)
is not defined differently—
(i)
in these Regulations, or
(ii)
in, or for the purposes of, a provision in Chapter 1 of Part 1 of PSPJOA 2022,
has, in relation to the scheme established by the relevant Regulations, the meaning given in those Regulations.
(5)
In these Regulations, a reference to a provision of the PSP Directions 2022 is a reference to that provision as amended from time to time.
Delegation
3.
The scheme manager may delegate any functions of the scheme manager under these Regulations.