The Teachers' Pensions (Amendment) Regulations 2005

Amendment of the Teachers' Pensions Regulations 1997

25.—(1) Regulation E30 shall be amended as follows.

(2) In paragraph (1) after “surviving spouse” insert “, surviving civil partner”.

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

“(3) Unless the Secretary of State determines otherwise in the particular case, an adult pension—

(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 as if they were husband and wife or as if they were civil partners, and

(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.”.

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

“(3A) But paragraph (3) does not apply to so much of any pension as is payable in respect of section 9(2B) rights to a widow or widower whose entitlement arose from a death occurring before 5^th December 2005 and who forms a civil partnership or lives with someone as if they were civil partners.

(3B) 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.”.

(5) In paragraph (4)(a) after “surviving spouse” insert “, surviving civil partner”.