Regulation 15 Long-term compensation on death

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg.15(1)(a) amended by Teachers (Compensation for Redundancy and Premature Retirement) 1998 reg.14(a)
reg.15(1)(b) amended by Teachers (Compensation for Redundancy and Premature Retirement) 1998 reg.14(b)
regs 14, 15 am by Teachers’ Pensions 2010 reg 138, sch 11
reg 15 rev in pt (with transtl provns) (1.1.2007) by Teachers’ Pensions etc. (Reform Amendments) 2006 reg 2, sch 2

(1)

This regulation applies where a credited teacher dies and one or more long-term pensions—

(a)

become payable under regulation E25 of the Superannuation Regulations, or

(b)

would have become so payable but for an election under regulation B6 of those Regulations.

(2)

Subject to regulation 16 (duration), where this regulation applies long-term compensation is to be paid to, or as the case may be for the benefit of, every person who became or would have become entitled to payment of a long-term pension.

(3)

Subject to regulation 19 (periodic payments), the rate of the long-term compensation payable to a person who is not a child (“adult compensation”) is one half of the notional annual compensation rate.

(4)

Subject to regulation 19, the rate of the long-term compensation payable to or for the benefit of a child or children (“children’s compensation”) is the appropriate fraction of the notional annual compensation rate.

(5)

While adult compensation is payable, then—

(a)

while children’s compensation is payable to or for the benefit of two or more children, the appropriate fraction is one half, and

(b)

while it is payable to or for the benefit of one child, the appropriate fraction is one quarter.

(6)

If adult compensation did not become payable, or has ceased to be payable, then—

(a)

while children’s compensation is payable to or for the benefit of two or more children, the appropriate fraction is two thirds, and

(b)

while it is payable to or for the benefit of one child, the appropriate fraction is one third.

(7)

Subject to paragraph (8), the notional annual compensation rate is the rate at which the deceased’s annual compensation would have been payable under regulation 12 immediately before his death if there had been left out of account any allocation under regulation 13 and any reduction under regulation 17(4)(b), 18, 20 or 21(7).

(8)

If the deceased died in new employment which was pensionable employment, he is for the purposes of paragraph (7) to be taken to have ceased to be in that employment immediately before his death.