The Teachers’ Pensions (Remediable Service) (Scotland) Regulations 2023
The Public Service Pensions Act 2013 (c. 25) (“PSPA 2013”) makes provision, and confers powers to make further provision (in the form of “scheme regulations” as defined in section 1 of PSPA 2013), about the establishment of public service pension schemes. The Teachers’ Pension Scheme (Scotland) (No 2) Regulations 2014 (S.S.I. 2014/292) (“the 2014 Regulations”) are the scheme regulations establishing the successor teacher pension scheme (“the reformed scheme”) to the scheme established by The Teachers’ Superannuation (Scotland) Regulations 2005 (S.S.I. 2005/393 (“the legacy scheme”)). The 2014 Regulations provided for transitional protection for certain cohorts of legacy scheme members. This transitional protection was subsequently found to unlawfully discriminate between teacher pension scheme members on the basis of age.