Statutory Instruments

1972 No. 1676

PENSIONS

The Pensions (Increase) Act 1971 (Modification) (Teachers) Regulations 1972

Made

6th November 1972

Laid before Parliament

15th November 1972

Coming into Operation

8th December 1972

The Secretary of State for Education and Science, with the consent of the Minister for the Civil Service, in exercise of the powers conferred on her by section 5(3) of the Pensions (Increase) Act 1971 hereby makes the following regulations:-

Citation, commencement and interpretation

1.-(1) These regulations may be cited as the Pensions (Increase) Act 1971 (Modification) (Teachers) Regulations 1972.

(2) These regulations shall come into force on 8th December 1972 and shall have effect as from 1st September 1971.

(3) The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.

Application of Regulations

2. These regulations shall apply to any teacher who was the subject of a direction given under section 2(1)(a) of the Teachers (Superannuation) Act 1937 (service for a period exceeding five years outside the United Kingdom) as amended by section 17 of the Teachers (Superannuation) Act 1956 (service in a school maintained by the government of a Commonwealth country) and to or in respect of whom any annual allowance began to accrue before 10th November 1965 under the Teachers (Superannuation) Acts 1918 to 1956 on the day following the last day of the service in respect of which that direction was given.

Modification of Pensions (Increase) Act 1971

3. For the purposes of the Pensions (Increase) Act 1971 the annual superannuation allowance payable to a teacher to whom these regulations apply shall be deemed to have begun on the first day of the period in respect of which the direction mentioned in regulation 2 was given; and accordingly section 8(2) (commencement of pension) of that Act shall in its application to such a person have effect as if a reference to that day were substituted for the reference to the day following the last day of the service in respect of which the allowance is payable.

Given under the Official Seal of the Secretary of State for Education and Science on 2nd November 1972.

L.S.

Margaret H. Thatcher

Secretary of State for Education and Science

Consent of the Minister for the Civil Service given under his Official Seal on 6th November 1972.

L.S.

K.H. McNeill

Authorised by the Minister for the Civil Service

EXPLANATORY NOTE

These regulations modify section 8(2) of the Pensions (Increase) Act 1971, which specifies the date on which an annual pension is deemed to begin for the purposes of that Act, in its application to teachers who retired before 9th November 1965 after an absence from contributory service of more than five years in employment covered by payment of superannuation contributions based on the salary paid before the absence began. They direct that the pension of such a teacher is to be deemed to have begun on the first day of that employment.

The regulations have retrospective effect by virtue of section 5(4) of the Pensions (Increase) Act 1971.