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The Teachers' Superannuation (Scotland) Amendment Regulations 2005

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Amendment of the Teachers (Compensation for Premature Retirement and Redundancy) (Scotland) Regulations 1996

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26.—(1) Regulation 10 (payment of compensation under regulations 7, 8 and 9) is amended as follows.

(2) In the Table below paragraph (1) after “spouse”, in the three places where it occurs, insert “, civil partner”.

(3) For paragraph (3) substitute the following–

(3) Unless the employing authority determines otherwise in a particular case, short term or long term compensation payable to or in respect of any person under regulation 7, 8 or 9–

(a)is not payable if, at the date of the deceased’s death, the person to whom it would (apart from this sub-paragraph) have been payable is living with someone else as if they were husband and wife or as if they were civil partners;

(b)ceases to be payable when the person to whom it was payable marries, forms a civil partnership or begins to live with someone as if they were husband and wife or as if they were civil partners; and

(c)if the employing authority so decides, may be payable upon the person to whom it would (apart from sub paragraph (a) or (b)) have been payable again becoming a widow, widower or surviving civil partner, or on the termination of any such marriage, civil partnership or, as the case may be, of the period of cohabitation..

(4) After paragraph (3) insert the following–

(3A) For the purposes of this regulation, two people of the same sex are to be regarded as living together as if they were civil partners if they would be regarded as living together as husband and wife if they were not of the same sex.

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