Statutory Instruments of the Scottish Parliament

" (a) (i) where his pensionable employment terminates before 1st October 2001, he had completed periods of the kind described in Part I of Schedule 8 totalling at least 5 years, excluding any period in respect of which contributions have been returned to him and not repaid to the Scottish Ministers, or


(ii) where his pensionable employment terminates on or after 1st October 2001, he had completed periods of the kind described in Part I of Schedule 8 totalling at least 2 years, excluding any period in respect of which contributions have been returned to him and not repaid to the Scottish Ministers; and";

(b) for paragraph (2) there shall be substituted the following:-

(a) to a teacher who has been in further employment for the appropriate qualifying period under regulation E4(2A); and

(b) where such employment has ceased.

    (2) A teacher to whom this regulation applies becomes entitled to payment of retirement benefits in accordance with paragraphs (3) to (6) by reference to his reckonable service in the further employment.

    (3) Where regulation E5(1)(a)-(d) applies, subject to paragraph (6), a teacher's entitlement to retirement benefits takes effect-

(a) where, at the time of the application for benefits under regulation E31 the teacher was in pensionable or excluded employment, as from the day after the end of the employment; and

(b) in any other case on a date determined by the teacher making the application for benefits under regulation E31 being a date no earlier than 6 weeks after the date of such application.

    (4) Where regulation E5(1)(e) applies, subject to paragraph (6), a teacher's entitlement to retirement benefits takes effect in accordance with regulation E5(2)(b).

    (5) Where regulation E5(1)(f) applies, subject to paragraph (6), a teacher's entitlement to retirement benefits takes effect in accordance with regulation E5(2)(c).

    (6) Where a teacher ceases to be in further employment which is pensionable by virtue of regulation B8 ("the earlier further employment") and he subsequently enters further employment without making an application for benefits under regulation E31 in respect of the earlier further employment, he cannot make such an application during any period of subsequent further employment.".

" (a) the teacher became entitled to retirement benefits before 1st October 2001;

(b) at least 10 years' reckonable service was taken into account in calculating his retiring allowances; and

(c) the total of the amounts paid in respect of these allowances is less than the pensionable salary,";

(b) in paragraph (3) for sub-paragraphs (a) and (b) there shall be substituted the following:-

" (a) the teacher became entitled to retirement benefits before 1st October 2001;

(b) less than 10 years' reckonable service was taken into account in calculating his retiring allowances; and

(c) the amount paid in respect of his retirement pension is less than 5 times the annual rate at which it was payable when he died,";

(c) there shall be inserted after paragraph (3) the following paragraph:-

(a) the teacher's entitlement to retiring allowances takes effect on or after 1st October 2001; and

(b) the amount paid in respect of his retirement pension is less than 5 times the annual rate at which it was payable when he died,

a grant equal to that deficiency may be paid."; and

" ; and

(f) where he is not now in pensionable employment by virtue of regulation B8".