The Teachers' Pensions (Amendment) Regulations 2005

Amendment of the Teachers' Pensions Regulations 1997

24.—(1) Regulation E29 shall be amended as follows.

(2) In paragraph (1) for “paragraphs (3) to (6)” substitute “paragraphs (1A) and (3) to (5)”.

(3) In paragraph (1)(a) after “surviving spouse” insert “, surviving civil partner”.

(4) After paragraph (1) insert the following—

“(1A) Where an adult pension is payable to the surviving civil partner of—

(a) a man, or

(b) a woman whose nomination under regulation E23 ceased to have effect when she formed a civil partnership,

the annual rate of the children’s pension is the appropriate fraction of the deceased’s average salary multiplied by the sum of the notional family benefit service and the additional family benefit period.”.

(5) In paragraph (3) for “paragraphs (4) to (6)” substitute “paragraphs (4) to (5)”.

(6) In paragraph 3(c) for “what would have been his family benefit service if regulation E28(4) had applied (“the notional family benefit service”)” substitute “the notional family benefit service”.

(7) In paragraph (5) for “C is the notional family benefit service,” substitute “C is the sum of the notional family benefit service and the additional family benefit period,”.

(8) After paragraph (6) insert the following—

“(7) The notional family benefit service is the period (in years) which would have been the deceased’s family benefit service if regulation E28(4) had applied.

(8) The additional family benefit period is the period (in years) of the deceased’s reckonable service (other than a period which counts as part of the notional family benefit service) in respect of which family benefit contributions have been paid under Part IIA of Schedule 6 or are treated as having been paid under Part III of Schedule 6 in respect of an election made under Part IIA.”.