The Teachers' Superannuation (Scotland) Regulations 1993

Additional contributions to purchase past added years in the case of a deceased teacher

C4.—(1) This regulation applies in the case of a teacher–

(a) who dies;

(b) who, had he on the date of death instead ceased to hold his employment, would–

(i) have become entitled under regulation E5 to payment of retiring allowances; and

(ii) on applying for them have become entitled under regulation C3 to elect to pay additional contributions by Method D; and

(c) in respect of whom another person (“the pensioner ”) is entitled under regulation E25 to a long-term pension.

(2) Where this regulation applies the pensioner, or in the case of a child a person acting on the pensioner’s behalf, may by giving written notice to the Secretary of State within 3 months after the death make any election which, on the hypothesis stated in paragraph (1)(b), the deceased teacher could have made under regulation C3.

(3) Subject to paragraph (4), an election under this regulation has effect as if it had been made under regulation C3 by the deceased teacher.

(4) The additional contributions–

(a) are to be calculated under paragraph 16(1) of Schedule 4 even if the deceased teacher had attained the age of 60, and

(b) except to the extent that they are, with the consent of any person entitled to it, met out of a terminal sum, are payable by the pensioner.