The Teachers' Pensions (Amendment) Regulations 2005

Amendment of the Teachers' Pensions Regulations 1997

20.  For regulation E26 substitute the following—

“Entitlement to long-term family benefits

E26.— (1) This paragraph applies on the death of a person (“the deceased”) who—

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

(b) had relevant service (within the meaning of regulation E27) amounting to—

(i) at least 5 years in a case where the deceased ceased to be in pensionable employment before 6th April 1988, or

(ii) at least 2 years in a case where the deceased was in pensionable employment at any time after 5th April 1988.

(2) Where the deceased was in pensionable employment by virtue of an election under regulation B7, for the purpose of calculating benefits in accordance with regulation E22(1A), paragraph (1)(b)(ii) has effect as if “2 years” were replaced by “1 year”.

(3) This paragraph applies on the death of a person (“the deceased”) who—

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

(b) was qualified for retirement benefits.

(4) Where paragraph (1) applies, a long-term pension (determined in accordance with regulation E28) is payable to the deceased’s surviving spouse, his surviving civil partner or, where the conditions in paragraph (6) are satisfied, his nominated beneficiary.

(5) But where paragraph (1) applies and the deceased is a woman, a long-term pension (determined in accordance with regulation E28) is payable to her widower and, where the conditions in paragraph (6) are satisfied, her nominated beneficiary.

(6) The conditions in this paragraph are that at the date of the deceased’s death—

(a) the nomination under regulation E23 had effect, and

(b) the nominated beneficiary was wholly or mainly financially dependent on the deceased.

(7) Where paragraph (1) or (3) applies, a long-term pension (determined in accordance with regulation E29) is payable to, or for the benefit of, a surviving child of the deceased or jointly to, or for the benefit of, his surviving children.

(8) But where, following the death of more than one person, more than two long-term pensions would (apart from this paragraph) be payable to, or for the benefit of, the same child, only the two pensions which are greatest in value are payable to, or for the benefit of, that child.”.