The Teachers' Pensions Regulations 2010

Pensions for [F1 certain] [F2 surviving adults where marriage or civil partnership] takes place after pensionable employment ceases E+W+S

2.—(1) This paragraph applies where—

(a) D's surviving adult is a [F3 a person referred to in paragraph 1(1)(a), (b), [F4 (ba),] (d), or (e) of Schedule 8], and

(b) D was not married to [F5 , or in a civil partnership with,] that person at any time before ceasing to be in pensionable employment.

(2) For the purpose of sub-paragraph (1) a person is to be treated as being in pensionable employment during a period in respect of which contributions under regulation C9 of TPR 1997 or regulation 19 are paid.

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

(a) any period counting as D's reckonable service by virtue of pensionable employment after 5th April 1978;

(b) any period counting as D's reckonable service by virtue of a period beginning after 5th April 1978 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 1978;

(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 1978;

(e) where D entered pensionable employment after 5th April 1978 and a transfer value (other than one mentioned in paragraph (d)) has been accepted, any period counting as D's reckonable service by virtue of the acceptance of the transfer value;

(f) so much of any period counting as D's reckonable service by virtue of an election under regulation 4 of the Teachers' Superannuation (Policy Schemes) Regulations 1979 as is attributable to service after 5th April 1978;

(g) any enhancement period calculated in accordance with paragraph 7.

Textual Amendments

F1 Word in Sch. 9 para. 2 heading inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 115(4)(b)(i)

F2 Words in Sch. 9 para. 2 heading substituted (1.9.2019 with effect from 1.9.2010) by The Teachers' Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), regs. 1(1)(3), 19(b)(i)

F3 Words in Sch. 9 para. 2(1)(a) substituted (1.9.2019 with effect from 1.9.2010) by The Teachers' Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), regs. 1(1)(3), 19(b)(ii)

F4 Word in Sch. 9 para. 2(1)(a) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 115(4)(b)(ii)

F5 Words in Sch. 9 para. 2(1)(b) inserted (1.9.2019 with effect from 1.9.2010) by The Teachers' Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), regs. 1(1)(3), 19(b)(iii)