# The Teachers' Pensions Regulations 2010, Regulation 98: Child pensions: short-term rate


(1) The annual rate of a child pension which becomes payable on the death of a person (D) is to be calculated in accordance with this regulation during the following periods—
(a) where no adult pension becomes payable on D's death, the first 6 months after D's death;
(b) where an adult pension becomes payable on D's death and continues to be payable for the first 3 months after D's death, those 3 months;
(c) where an adult pension becomes payable on D's death but ceases to be payable before 3 months after D's death, the first 3 + BP months after D's death.
(2) BP is 3 minus the number of months (and fractions of a month) during which the adult pension was payable.
(3) The annual rate of the child pension is made up of the following—
(a) where D dies in service and falls within paragraph (2)(a) or (b) of regulation 100 (short-term rate of adult and child pensions: supplemental), the annual rate of D's contributable salary on D's last day in pensionable employment, disregarding any reduction by reason of sick leave or maternity, paternity ... shared parental , parental bereavement or adoption leave, divided by the number of D's eligible children to whom a pension is payable;
(b) where D dies in service and falls within paragraph (2)(c) or (d) of regulation 100, the annual rate, at the date of D's death, of the notional salary mentioned in regulation C9(7) of TPR 1997 or, as the case may be, regulation 19(8), divided by the number of D's eligible children to whom a pension is payable;
(c) where D dies as a phased retirement pensioner, the annual rate at the date of D's death (disregarding any reduction by virtue of a pension-sharing order) of any phased retirement pension, divided by the number of D's eligible children to whom a pension is payable;
(d) where D dies as a retirement pensioner, the annual rate at the date of D's death (disregarding any reduction by virtue of a pension-sharing order) of any retirement pension, divided by the number of D's eligible children to whom a pension is payable.
(4) Where—
(a) D does not die in service, or die as a phased retirement pensioner or as a retirement pensioner, or
(b) where the annual rate of the child pension calculated in accordance with paragraph (3) is smaller than the annual rate calculated in accordance with regulation 99 (child pensions: long-term rate),
the annual rate of the child pension is the same as the annual rate calculated in accordance with that regulation.

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Source: https://www.legislation.gov.uk/uksi/2010/990/regulation/98 (the official version)
Page: https://openlegislation.uk/teachers-pensions-regulations-2010/regulation-98
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.