The Teachers' Superannuation (Scotland) Regulations 1993

Amount and duration of short-term family benefits

E24.—(1) Subject to paragraph (2), the annual rate of a short-term pension under regulation E23 shall be–

(a) if regulation E23(1)(a) or (c) applies, the annual rate of the deceased’s contributable salary on his last day in pensionable employment, disregarding any reduction by reason of sick leave or maternity leave;

(b) if regulation E23(1)(b) applies, the annual rate at the time of his death of the notional salary described in regulation C8(7);

(c) if regulation E23(1)(d) applies, the annual rate at the time of his death of his retirement pension; and

(d) if regulation E23(1)(a) and (d) both apply, the total of the rates specified in sub-paragraphs (a) and (c) above.

(2) Where the annual rate of a short-term pension payable to a surviving spouse, nominated beneficiary or child calculated in accordance with paragraph (1) is less than that of a long-term pension to which those persons are prospectively entitled under regulation E25, the annual rate of the short-term pension is the same as that of the long-term pension.

(3) Subject to paragraph (4), the duration of the short-term pension payable shall be ascertained from the table below.

TABLE

Category	Payee	Duration of pension (months)
1	Spouse or nominated beneficiary but with no child	3
2	Spouse or nominated beneficiary with one child or more	6
3	No spouse or nominated beneficiary but one child or more	6

(4) On the death of a spouse or nominated beneficiary before the termination of the short-term pension payable under category 2 of the table in paragraph (3), the balance of pension is payable to the child or children as the case may be.