The Teachers' Pensions Regulations 2010

Additional pensions for surviving adultsE+W+S

101.—(1) This regulation applies on the death of the AP beneficiary (D) of an AP election.

(2) An additional pension is payable in respect of each AP election of which D is an AP beneficiary from the day after the date of D's death to D's surviving adult for life.

(3) The annual rate of the pension is half the amount with which D is credited under Schedule 4 in respect of the AP election multiplied by the factor mentioned in paragraph (5) if that factor is greater than 1.

(4) But where D dies in service, as a phased retirement pensioner or as a retirement pensioner, during the first 3 months after D's death, the annual rate of the pension is the annual rate, at the date of D's death, of the additional pension which was payable to D.

[F1(5) The factor is—

(a)in relation to an election made under paragraph 2 of Schedule 4 on or before 22nd June 2010, (RPI1/RPI2)/X, where—

(i)RPI1 is the retail prices index for the penultimate month before the month which includes the day before the day mentioned in paragraph (2),

(ii)RPI2 is the retail prices index for the month which includes the start date, and

(iii)X is A/B, or 1 if greater, where—

(aa)A is the amount to which the AP credited amount is increased under PIA 1971 between the AP deemed date and the day mentioned in paragraph (2), and

(bb)B is the AP credited amount; or

(b)in relation to an election made under paragraph 2 of Schedule 4 after 22nd June 2010, (CPI1/CPI2)/X, where—

(i)CPI1 is the consumer prices index for the penultimate month before the month which includes the day before the day mentioned in paragraph (2),

(ii)CPI2 is the consumer prices index for the month which includes the start date, and

(iii)X is A/B, or 1 if greater, where—

(aa)A is the amount to which the AP credited amount is increased under PIA 1971 between the AP deemed date and the day mentioned in paragraph (2), and

(bb)B is the AP credited amount.

(6) In this regulation—

“AP beneficiary” has the same meaning as in Schedule 4 (contributions for additional pensions);

“AP credited amount” means the amount with which D is credited under Schedule 4 in respect of the AP election;

“AP deemed date” means the day on which the additional pension is deemed to begin for the purposes of PIA 1971 (see section 8(2) of that Act);

“AP election” means an election accepted by the Secretary of State under Schedule 4 (contributions for additional pensions) which is a dependant’s election as defined in paragraph 1 of that Schedule; and

“start date” has the same meaning as in Schedule 4.]

Textual Amendments