# The Teachers’ Pension Scheme (Scotland) ( No. 2) Regulations 2014, Regulation 125: Meaning of “dies in service”

Extent: S

(1) A member (D) dies in service for the purpose of survivor’s benefits if—
(a) D dies while in pensionable service;
(b) D dies while on non-pensionable family leave immediately following a period of pensionable service;
(c) as at the date of D’s death, an election under regulation 25 has effect or is taken to have effect; or
(d) paragraph (2) applies.
(2) This paragraph applies if—
(a) D dies within 12 months after leaving pensionable service in all eligible employment because D was incapacitated; and
(b) a retirement pension other than a phased retirement pension does not become payable in relation to that service before D’s death.

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Source: https://www.legislation.gov.uk/ssi/2014/292/regulation/125 (the official version)
Page: https://openlegislation.uk/teachers-pension-scheme-scotland-no-2-regulations-2014/regulation-125
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.