The Teachers' Pensions Regulations 2010

Adult pensions E+W+S

94.—(1) This regulation applies on the death of a person (D) if—

(a) D was in pensionable employment after 31st March 1972, and

(b) D had adult pension qualification service of—

(i) at least 2 years, where D was in pensionable employment at any time after 5th April 1988, or

(ii) at least 5 years, where D was not in pensionable employment after 5th April 1988.

(2) For the purpose of calculating benefits in respect of a period after D entered further employment, paragraph (1) has effect as if for sub-paragraph (b) there were substituted—

“(b) D was qualified for retirement benefits following further employment.”.

(3) An adult pension is payable to D's surviving adult from the day after the date of D's death.

(4) Except as otherwise provided in these Regulations, the pension is payable for life.

(5) D falls within this paragraph if—

(a) D was not in pensionable employment after 31st December 2006, or

(b) D did not pay contributions under regulation C9 of TPR 1997 or regulation 19 (election to pay contributions by a person serving in a reserve force) in respect of a period after that date.

(6) If D falls within paragraph (5), the pension ceases to be payable if D's surviving adult marries, forms a civil partnership, or lives with another person as if they were husband and wife or civil partners.

(7) Paragraph (6) does not apply—

(a) if the Secretary of State determines that paragraph (6) does not apply in the circumstances of the particular case;

(b) to so much of any pension as is payable in respect of section 9(2B) rights to a widow or widower whose entitlement arose from a death occurring before 5th December 2005 and who forms a civil partnership or lives with another person as if they were civil partners;

(c) where D dies in service, as a phased retirement pensioner or as a retirement pensioner, during the first 3 months after D's death.

(8) The annual rate of the pension is to be calculated in accordance with regulations 95 (adult pensions: short-term rate) and 96 (adult pensions: long-term rate).

(9) Schedule 8 (adult pension qualification service) has effect for determining D's adult pension qualification service.