The Teachers' Superannuation (Scotland) Regulations 1993

Entitlement to short-term family benefits

E23.—(1) Subject to paragraphs (3) and (4), a short-term pension shall be payable, from the day after that of his 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; or

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

(c) within 12 months after ceasing to be in pensionable employment, or to pay such contributions, by reason of incapacity, but before becoming entitled to payment of retiring allowances; or

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

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

(a) subject to paragraph (4)(a), to any surviving spouse; or

(b) if a nomination under regulation E22 had effect at the time of his death, to the nominated beneficiary; or

(c) if there is no surviving spouse or nominated beneficiary and 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 E25(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 a nominated beneficiary; or

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

(c) where paragraph (1)(d) applies, to a person who is not entitled to a long-term pension under regulation E25.