The Teachers’ Pensions Schemes (Amendment) Regulations 2019

PART 6 Deeming provision in relation to the Teachers’ Pensions Regulations 1997

Deeming provisions

34.—(1) A person who could have been nominated under Regulation E22A (nomination of partner) of the Teachers’ Pensions Regulations 1997 (“the 1997 Regulations”)(1) and who had satisfied the condition in regulation 90(2) of the Teachers’ Pensions Regulations 2010 (“the 2010 Regulations”) for a period of at least 2 years immediately preceding the member’s death, is to be treated for the purposes of the 1997 Regulations as they apply by virtue of Schedule 13 to the 2010 Regulations, at all times on and after 1st January 2007, as if that person were the surviving nominated partner of the deceased.

(2) Regulation E27 (relevant service) of the 1997 Regulations(2) is to be read as if—

(a) in paragraph (1), after “the deceased is” in the first place it occurs, there were inserted “a person who is survived by a surviving civil partner,”;

(b) paragraph (2A) were omitted.

(3) Regulation E28 (amount of surviving spouse’s, surviving civil partner’s, surviving nominated partner’s or nominated beneficiary’s long-term pension) is to be read as if paragraph (7A)(3) were omitted.

(1)

S.I. 1997/3001 which were revoked by S.I. 2010/990; savings are made by Schedule 13 to the 2010 Regulations. Regulation E22A was inserted by paragraph 41 of Schedule 3 to S.I. 2006/3122.

(2)

A relevant amendment was made to regulation E27(1) by regulation 21(2) of, and paragraph (2A) was inserted by regulation 21(4) of, S.I. 2005/2198. There are other amendments to regulation E27 which are not relevant to this instrument.

(3)

Paragraph (7A) was inserted by regulation 23(6) of S.I. 2005/2198.