The Teachers’ Pensions Regulations 2010

PART 1 Family Benefit Service: Adults

Pensions for widows and widowers with pre-1988 rights where marriage takes place before pensionable employment ceases and for surviving nominated beneficiaries

1.—(1) This paragraph applies where—

(a) D’s surviving adult is a widow or a widower with pre-1988 rights, and

(b) D was married to that person at any time before ceasing to be in pensionable employment.

(2) This paragraph also applies where D’s surviving adult is a surviving nominated beneficiary.

(3) For the purpose of sub-paragraph (1) a person is to be treated as being in pensionable employment during a period in respect of which contributions under regulation C9 of TPR 1997 or regulation 19 are paid.

(4) D’s family benefit service is the total of the following—

(a) the periods counting as D’s reckonable service by virtue of the periods referred to in paragraph 1(2)(a) to (g) of Schedule 8 (pensions for widows, surviving nominated beneficiaries and widowers with pre-1988 rights);

(b) the period referred to in paragraph 1(2)(h) of Schedule 8;

(c) where D was a member, D’s credited service and any period that fell to be calculated in accordance with paragraph 7(3) of Schedule 6 to TPR 1997;

(d) any period relating to war service in respect of which an additional contribution has been paid under regulation C8(8) of TPR 1997 (additional contributions in respect of war service) or Part 4 of Schedule 6 to those Regulations;

(e) any enhancement period calculated in accordance with paragraph 7.

(5) If D’s credited service exceeds the total of D’s normal service and any additional period, for the purpose of sub-paragraph (4)(b), D’s credited service must be reduced by one sixth of the excess.

(6) In this paragraph, “additional period”, “credited service”, “member” and “normal service” 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).

Pensions for widows and widowers with pre-1988 rights where marriage takes place after pensionable employment ceases

2.—(1) This paragraph applies where—

(a) D’s surviving adult is a widow or a widower with pre-1988 rights, and

(b) D was not married to that person at any time before ceasing to be in pensionable employment.

(2) For the purpose of sub-paragraph (1) a person is to be treated as being in pensionable employment during a period in respect of which contributions under regulation C9 of TPR 1997 or regulation 19 are paid.

(3) D’s family benefit service is the total of the following—

(a) any period counting as D’s reckonable service by virtue of pensionable employment after 5th April 1978;

(b) any period counting as D’s reckonable service by virtue of a period beginning after 5th April 1978 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 or 5 to TPR 1997 in accordance with an election made after 5th April 1978;

(d) where a transfer value has been accepted from a comparable British scheme any period which consists of, or is attributable to, comparable British service after 5th April 1978;

(e) where D entered pensionable employment after 5th April 1978 and a transfer value (other than one mentioned in paragraph (d)) has been accepted, any period counting as D’s reckonable service by virtue of the acceptance of the transfer value;

(f) so much of any period counting as D’s reckonable service by virtue of an election under regulation 4 of the Teachers’ Superannuation (Policy Schemes) Regulations 1979 as is attributable to service after 5th April 1978;

(g) any enhancement period calculated in accordance with paragraph 7.

Pensions for widowers other than widowers with pre-1988 rights

3.—(1) This paragraph applies where D’s surviving adult is a widower other than a widower with pre-1988 rights.

(2) D’s family benefit service is the total of the following—

(a) the periods counting as D’s reckonable service by virtue of the periods referred to in paragraph 2(2)(a) to (e) of Schedule 8 (pensions for widowers other than widowers with pre-1988 rights);

(b) the period referred to in paragraph 2(2)(f) of Schedule 8;

(c) any enhancement period calculated in accordance with paragraph 7.

Pensions for surviving civil partners

4.—(1) This paragraph applies where D’s surviving adult is a surviving civil partner.

(2) D’s family benefit service is the total of the following—

(a) the periods counting as D’s reckonable service by virtue of the periods referred to in paragraph 3(2)(a) to (e) of Schedule 8 (pensions for surviving civil partners);

(b) the period referred to in paragraph 3(2)(f) of Schedule 8;

(c) any enhancement period calculated in accordance with paragraph 7.

Pensions for surviving nominated partners

5.—(1) This paragraph applies where D’s surviving adult is a surviving nominated partner.

(2) D’s family benefit service is the total of the following—

(a) the periods counting as D’s reckonable service by virtue of the periods mentioned in paragraph 4(2)(a) to (d) of Schedule 8 (pensions for surviving nominated partners);

(b) the period referred to in paragraph 4(2)(e) of Schedule 8;

(c) any enhancement period calculated in accordance with paragraph 7.