The Teachers' Pensions Regulations 2010

Regulation 94

SCHEDULE 8 E+W+S Adult pension qualification service

Pensions for widows, surviving nominated beneficiaries and widowers with pre-1988 rights E+W+S

1.—(1) This paragraph applies where D's surviving adult is a widow, a surviving nominated beneficiary or a widower with pre-1988 rights.

(2) D's adult pension qualification service is the total of the following—

(a) any period of pensionable employment after 31st March 1972;

(b) any period beginning after 31st March 1972 in respect of which contributions have been paid under regulation C9 of TPR 1997 or regulation 19;

(c) any period in respect of which additional contributions have been paid under Schedule 4 to TPR 1997 or paragraphs 1 to 6 or 8 to 10 of Schedule 5 to TPR 1997 in accordance with an election made on or after 31st March 1974;

(d) where a transfer value has been accepted from a comparable British scheme, any period which would, immediately before its acceptance, have counted in the scheme for a pension for D's surviving adult;

(e) where a transfer value (other than one mentioned in paragraph (d)) has been accepted, any period counting as reckonable service by virtue of the acceptance of the transfer value;

(f) so much of any period counting as reckonable service by virtue of an election under regulation 4 of the Teachers' Superannuation (Policy Schemes) Regulations 1979 M1 as is attributable to service after 31st March 1972;

(g) any period counting as reckonable service by virtue of regulation 34 of TSR 1976 (special provision relating to period from December 1973 to March 1974);

(h) any period in respect of which D paid contributions under Schedule 5 (family benefit contributions) provided that at the time when the relevant election was made—

(i) D was a married man, in a case where D's surviving adult is a widow,

(ii) D was a married woman, in a case where D's surviving adult is a widower with pre-1988 rights, or

(iii) D had nominated a surviving nominated beneficiary, in a case where D's surviving adult is a surviving nominated beneficiary.

(i) where D was a member, so much of D's credited service as does not exceed the total of D's normal service, any additional period and any period that fell to be calculated in accordance with paragraph 7(3) of Schedule 6 to TPR 1997 and in this sub-paragraph, “member”, “credited service”, “normal service” and “additional period” have the same meanings as in paragraph 1 of Schedule 6 (family benefit contributions) to TPR 1997 (as if that paragraph were still in force).

Marginal Citations

M1 S.I. 1979/47

Pensions for widowers other than widowers with pre-1988 rights E+W+S

2.—(1) This paragraph applies where D's surviving adult is a widower other than a widower with pre-1988 rights.

(2) D's adult pension qualification service is the total of the following—

(a) any period of pensionable employment after 5th April 1988;

(b) any period beginning after 5th April 1988 in respect of which contributions have been paid under regulation C9 of TPR 1997 or regulation 19;

(c) any period in respect of which additional contributions have been paid under Schedule 4 or 5 to TPR 1997 in accordance with an election made after 5th April 1988;

(d) where a transfer value has been accepted from a comparable British scheme—

(i) any period which consists of, or is attributable to, comparable British service after 5th April 1988, and

(ii) any other period which would, immediately before the acceptance of the transfer value, have counted in the scheme for a pension for D's widower;

(e) where D entered pensionable employment after 5th April 1988 and a transfer value (other than one mentioned in paragraph (d)) has been accepted, any period counting as reckonable service by virtue of the acceptance of the transfer value;

(f) any period in respect of which D paid contributions under Schedule 5 (family benefit contributions) provided that at the time when the relevant election was made D was a married woman.

Pensions for surviving civil partners E+W+S

3.—(1) This paragraph applies where D's surviving adult is a surviving civil partner.

(2) D's family benefit qualification service is the total of the following—

(a) any period of pensionable employment after 5th April 1988;

(b) any period beginning after 5th April 1988 in respect of which contributions have been paid under regulation C9 of TPR 1997 or regulation 19;

(c) any period in respect of which additional contributions have been paid under Schedule 4 or 5 to TPR 1997 in accordance with an election made after 5th April 1988;

(d) where a transfer value has been accepted from a comparable British scheme any period which consists of, or is attributable to, comparable British service after 5th April 1988;

(e) where D entered pensionable employment after 5th April 1988 and a transfer value (other than one mentioned in paragraph (d)) has been accepted, any period counting as reckonable service by virtue of the acceptance of the transfer value;

(f) any period in respect of which D paid contributions under Schedule 5 (family benefit contributions) provided that at the time when the relevant election was made D was a civil partner.

Pensions for surviving nominated partners E+W+S

4.—(1) This paragraph applies where D's surviving adult is a surviving nominated partner.

(2) D's family benefit qualification service is the total of the following—

(a) any period of pensionable employment after 31st December 2006;

(b) any period beginning after 31st December 2006 in respect of which contributions have been paid under regulation C9 of TPR 1997 or regulation 19;

(c) where a transfer value has been accepted from a comparable British scheme, any period which consists of, or is attributable to, employment which would, immediately before the acceptance of the transfer value, have counted in the scheme for a pension for a person (other than D's surviving spouse or surviving civil partner) with whom at the date of D's death D was living as if they were husband and wife or civil partners;

(d) where D entered pensionable employment after 31st December 2006 and a transfer value (other than one mentioned in paragraph (c)) has been accepted, any period counting as reckonable service by virtue of the acceptance of the transfer value;

(e) any period in respect of which D paid contributions under Schedule 5 (family benefit contributions) provided that at the time when the relevant election was made D had nominated a surviving nominated partner.

Periods not counting for adult pension qualification service E+W+S

5.  Adult pension qualification service does not include any of the following—

(a) any contributions refund period;

(b) any period in respect of which a transfer value or cash equivalent has been paid by the Secretary of State.