The Teachers' Superannuation (Consolidation) Regulations 1988

Entitlement to long-term family benefits

E25.—(1) Long-term pensions are payable in accordance with paragraph (5) if a person dies who—

(a) has been in pensionable employment at any time after 31st March 1972, and

(b) has relevant service amounting to at least 2 years,

but in the case of a person who ceased to be in pensionable employment before 6th April 1988 sub-paragraph (b) has effect with the substitution for “2 years” of “5 years”.

(2) Relevant service does not include any contributions refund period.

(3) In the case of a man, and in the case of a woman in relation to a nominated beneficiary or a widower on whose marriage to her a nomination ceased to have effect, relevant service comprises, subject to paragraph (2)—

(a) any period of pensionable employment after 31st March 1972,

(b) any period beginning after that date for which additional contributions have been paid under regulation C8,

(c) any period for which additional contributions have been paid under regulation C3 or C5(1) in accordance with an election made after 31st March 1974,

(d) if a transfer value has been received in respect of comparable British service, the period that would, immediately before its receipt, have counted for family benefits in the relevant superannuation scheme,

(e) any period counting as reckonable service by virtue of the receipt of any other transfer value under regulation F5 or under the Teachers' Superannuation (Added Years and Interchange) Regulations 1974(1),

(f) so much of any period counting as reckonable service by virtue of an election under regulation 4 of the Teachers' Superannuation (Policy Schemes) Regulations 1979(2) as is attributable to service after 31st March 1972,

(g) any period counting as reckonable service by virtue of regulation 34 of the 1976 Regulations (special provision relating to period from December 1973 to March 1974),

(h) any period in respect of which family benefit contributions have, or are to be treated as having, been paid under Part I of Schedule 6, and

(i) in the case of a member, so much of his credited service as does not exceed the total of his normal service and any additional period, and in addition any period that fell to be calculated in accordance with paragraph 7(3) of Schedule 6.

(4) In relation to a widower who is not a nominated beneficiary and is not a person on whose marriage to the deceased a nomination ceased to have effect, the deceased’s relevant service comprises, subject to paragraph (2)—

(a) so much of the periods described in paragraph (3)(a), (b) and (d) as consists of, or is attributable to, service after 5th April 1988, and

(b) any period for which additional contributions have been paid under regulation C3 in accordance with an election made after 31st May 1988, and

(c) any period in respect of which family benefit contributions have, or are to be treated as having, been paid under Part II of Schedule 6, and

(d) if the deceased entered pensionable employment after 5th April 1988, any period falling within paragraph (3)(e).

(5) If paragraph (1) applies—

(a) subject to paragraph (6) a long-term pension is payable to any surviving spouse,

(b) if a nomination under regulation E22 had effect at the time of the death, a long-term pension is payable to the nominated beneficiary, and

(c) if a pension is payable under sub-paragraph (a) or (b) and the deceased is survived by a child or children of his, a long-term pension is payable to or for the benefit of the child or, as the case may may be, the children jointly.

(6) Subject to paragraph (8), no long-term pension is payable to a widower if one is payable to another person as a nominated beneficiary.

(7) If when a person dies paragraph (5) does not apply but he—

(a) has been in pensionable employment at any time after 31st March 1972, and

(b) is qualified for retirement benefits, and

(c) is survicived by a child or children of his,

a long-term pension is payable to or for the benefit of the child or, as the case may be, the children jointly.

(8) Subject to paragraph (9), if neither paragraph (5) nor paragraph (7) applies but the deceased had a guaranteed minimum in relation to benefits under these Regulations and leaves a surviving spouse, a long-term pension is payable to the surviving spouse.

(9) If a contributions equivalent premium is paid by the Secretary of State, paragraph (8) is to be treated as not having applied.

(10) Notwithstanding anything in paragraphs (1) to (7), only one pension is payable to or for the benefit of a child or children at any one time; and where more than one such pension would otherwise be payable the one to be paid is the largest of them.

(1)

S.I. 1974/260, revoked by S.I. 1976/1987.

(2)

S.I. 1979/47.