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The Teachers' Superannuation (Scotland) Regulations 2005

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Entitlement to short-term family benefits

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E28.—(1) Subject to paragraphs (3) and (4), a short-term pension shall be payable from the day after that of his or her death, in respect of a teacher who, on or after the date on which these Regulations come into force, dies–

(a)while in pensionable employment;

(b)during a period for which he or she is paying additional contributions under regulation C8 or C9;

(c)within 12 months after ceasing to be in pensionable employment, or within 12 months of ceasing to pay contributions referred to in sub-paragraph (b), by reason of incapacity, but before becoming entitled to payment of retirement benefits; or

(d)having become entitled after the date on which these Regulations come into force, to receive payment of retirement benefits.

(2) The short-term pension shall be payable–

(a)subject to paragraph (4)(a), to any surviving spouse, or, if a nomination under regulation E27 has effect at the time of his or her death, to the nominated beneficiary; and

(b)if the deceased is survived by a child or children to or for the benefit of the child or, as the case may be, the children jointly.

(3) Where two or more teachers confer on the same child or, as the case may be, children, entitlement to a short-term pension, regulation E30(12) shall apply in a like manner to short-term pensions payable by virtue of this regulation.

(4) No short-term pension shall be payable–

(a)to a widower if one is payable to another person as nominated beneficiary;

(b)to a nominated beneficiary who, at the date of the deceased’s death, was not wholly or mainly financially dependent on the deceased;

(c)if there is no surviving spouse, nominated beneficiary or surviving child; or

(d)where paragraph (1)(d) applies, to a person who is not entitled to a long-term pension under regulation E30.

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