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The Teachers' Superannuation (Scotland) Regulations 2005

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Additional contributions to purchase past added years in the case of a deceased teacher

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C6.—(1) This regulation applies where a teacher dies in circumstances where–

(a)had he or she ceased to be in pensionable employment on the date of death, he or she would have become entitled under regulation E6 to payment of retirement benefits; and

(b)in respect of whom another person is entitled under regulation E30 to a long term pension.

(2) Where this regulation applies, the person, or in the case of a child, a person acting on the child’s behalf, may by giving written notice to the Scottish Ministers within 3 months after the death make any election which, on the hypothesis stated in paragraph (1)(a), the deceased teacher could have made under regulation C5.

(3) Subject to paragraph (4), an election under this regulation has effect as if it had been made under regulation C5 by the deceased teacher.

(4) The additional contributions except to the extent that they are, with the consent of any person entitled to it, met out of a terminal sum, payable by the person referred to in sub-paragraph (1)(b).

(5) This regulation does not apply to a teacher who at the date of his or her death was in pensionable employment by virtue of regulation B9.

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