The Teachers’ Pensions Regulations 2010

Pensions for widows, surviving nominated beneficiaries and widowers with pre-1988 rights

1.—(1) This paragraph applies where D’s surviving adult is a widow, a surviving nominated beneficiary or a widower with pre-1988 rights.

(2) D’s adult pension qualification service is the total of the following—

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

(b) any period beginning after 31st March 1972 in respect of which contributions have been paid under regulation C9 of TPR 1997 or regulation 19;

(c) any period in respect of which additional contributions have been paid under Schedule 4 to TPR 1997 or paragraphs 1 to 6 or 8 to 10 of Schedule 5 to TPR 1997 in accordance with an election made on or after 31st March 1974;

(d) where a transfer value has been accepted from a comparable British scheme, any period which would, immediately before its acceptance, have counted in the scheme for a pension for D’s surviving adult;

(e) where a transfer value (other than one mentioned in paragraph (d)) has been accepted, any period counting as reckonable service by virtue of the acceptance of the transfer value;

(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(1) as is attributable to service after 31st March 1972;

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

(h) any period in respect of which D paid contributions under Schedule 5 (family benefit contributions) provided that at the time when the relevant election was made—

(i) D was a married man, in a case where D’s surviving adult is a widow,

(ii) D was a married woman, in a case where D’s surviving adult is a widower with pre-1988 rights, or

(iii) D had nominated a surviving nominated beneficiary, in a case where D’s surviving adult is a surviving nominated beneficiary.

(i) where D was a member, so much of D’s credited service as does not exceed the total of D’s normal service, any additional period and any period that fell to be calculated in accordance with paragraph 7(3) of Schedule 6 to TPR 1997 and in this sub-paragraph, “member”, “credited service”, “normal service” and “additional period” have the same meanings as in paragraph 1 of Schedule 6 (family benefit contributions) to TPR 1997 (as if that paragraph were still in force).

(1)

S.I. 1979/47