The Teachers' Superannuation (Scotland) Regulations 2005

Commencement and duration of long-term family pensions

E33.—(1) A pension under regulation E30 payable to a surviving spouse or a nominated beneficiary (“an adult pension”) shall be paid–

(a) from the day on which any short-term pension that became so payable under regulation E28 ceases to be payable; or

(b) if no short-term pension became payable, from the day after that of the death.

(2) Subject to paragraph (3), an adult pension shall be payable for life.

(3) Subject to regulation E1(2)(c) and (d), an adult pension–

(a) shall not, unless the Scottish Ministers determine otherwise in the particular case, be payable during any subsequent marriage or any period of cohabitation outside the marriage; and

(b) if the Scottish Ministers so decide, may be payable upon the former recipient again becoming a widow or widower or on the termination of any such marriage or, as the case may be, of the period of cohabitation.

(4) A pension under regulation E30 payable to or for the benefit of a child or children (“a children’s pension”) shall be paid–

(a) from the day on which any short-term pension that became so payable, or payable to a surviving spouse or a nominated beneficiary, under regulation E28 ceases to be payable; or

(b) if no short-term pension became payable, from the day after that of the death.

(5) A children’s pension ceases to be payable to a person or for his or her benefit when he or she ceases to be a child.