Official Report 166KB pdf
Teachers' Superannuation (Scotland) Regulations 2005 (SSI 2005/393)
Agenda item 2 is subordinate legislation. The documentation for the Teachers' Superannuation (Scotland) Regulations 2005 (SSI 2005/393) is bulky, although I do not know whether the debate will be particularly long. The documentation is fairly lengthy, but the substantive document consolidates existing regulations. There are only a few relatively minor policy amendments.
I have three brief questions. First, do the regulations allow for a winding-down period for teachers who wish to take early retirement?
Yes. The provision is not new—it was introduced in 2002. There are various eligibility conditions; a teacher must be 56 and can wind down for four years prior to retirement. They must put in at least half the work of a full-time teacher, although they can work more and will receive a full year's service.
Is there an option for teachers to increase their pension contributions in order to buy earlier retirement?
Teachers do not have an automatic right to early retirement before 60. The matter is at the discretion of their employer, but there is a provision whereby late entrants who do not have the maximum service can buy added years.
Finally, do the regulations allow for teachers who leave the teaching profession to transfer their pension rights to another scheme?
Yes. Most schemes would ask them to do so within a year. If teachers go to new employment, they must usually make a decision within a year.
I have specific questions and a general question. I am pleased that the regulations introduce paternity and adoption leave provisions and provisions relating to enhanced maternity leave. An adoption bill is to be introduced: I take it that the regulations would be compatible with its provisions on adoption leave, for example.
I imagine so, because it is Department of Trade and Industry legislation.
I understand that the regulations relate to a transfer of powers to Scottish ministers that was made some time ago. There is great controversy at the moment about teachers and other public servants having to work until the age of 65. Were a decision on that to be made at Westminster, what effect would that have on these regulations? Would they have to be amended to accommodate policy decisions that were made in Westminster?
At the moment, the public services forum is debating what should be done about retirement at the age of 65, in respect of whether that should be just for new entrants or whether it should be introduced in 2018. The Westminster Government has control over policy; only the regulatory work is devolved.
That is my point. Will any changes be made in Westminster or are there technical bits of the regulations that we will have to change in Scotland?
Yes.
If Westminster raised the retirement age to 65, would we have to be re-presented with the regulations?
There would be an amendment to them.
What form of parliamentary procedure would that involve?
It would be an amending Scottish statutory instrument and it would be subject to consultation with teachers and other interested parties.
It would come before the committee.
Yes.
Thank you.
Thank you for answering our questions this morning. You have been very helpful.
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