{
  "url": "https://openlegislation.uk/teachers-pensions-schemes-amendment-regulations-2019/regulation-16",
  "json_url": "https://openlegislation.uk/teachers-pensions-schemes-amendment-regulations-2019/regulation-16.json",
  "legislation": "uksi/2019/1134",
  "legislation_title": "The Teachers’ Pensions Schemes (Amendment) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/teachers-pensions-schemes-amendment-regulations-2019",
  "path": "regulation/16",
  "kind": "regulation",
  "number": "16",
  "heading": "Amendments to Schedule 5",
  "text": "(1) In Part 1 of Schedule 5—\n(a) for paragraph 2(c) and the “or” following it, substitute—\n“(c) P is living with a person who fulfils the condition in regulation 90(2) (conditions for becoming a surviving qualifying partner), or”;\n(b) for paragraph 3 substitute—\n“3. “Non-qualifying service” means—\n(a) where the qualifying person (P) is —\n(i) a man with a spouse or civil partner,\n(ii) a woman with a civil partner or a female spouse, or\n(iii) a person who has nominated a person under regulation 91 (nomination of surviving nominated beneficiary),\nreckonable service which ended before 1st April 1972;\n(b) where P is a woman with a male spouse, reckonable service which ended before 6th April 1988, and\n(c) where P is living with a person who fulfils the condition in regulation 90(2) (conditions for becoming surviving qualifying partner), reckonable service which ended before 1st January 2007,\nbut, where P would have been a member (as defined in paragraph 1 of Schedule 6 to TPR 1997) if Schedule 6 to the TPR 1997 had been in force at the date of the election, P’s non-qualifying service cannot exceed the maximum period in respect of which P could have made an election under Part 1 of that Schedule.”;\n(c) in paragraph 5—\n(i) after sub-paragraph (a) insert—\n“(aa) where P lives with a person who fulfils the condition in regulation 90(2), on the day on which that person first fulfils that condition,”,\n(ii) in sub-paragraph (b), after “nomination”, in the first place it occurs, insert “under regulation 91”;\n(d) in paragraph 7—\n(i) in sub-paragraph (1)—\n(aa) after “person” insert “(P)”,\n(bb) after “nomination”, in the first place it occurs, insert “under regulation 91”,\n(ii) after sub-paragraph (1) insert—\n“(1A) Where P lives with a person who fulfils the condition in regulation 90(2) on more than one occasion, there is a separate election period in respect of each of those occasions.”;\n(e) in paragraph 9—\n(i) omit the word “and” after sub-paragraph (b) and after that sub-paragraph insert—\n“(ba) where a person fulfils the condition in regulation 90(2) in relation to P, that person, and”,\n(ii) in sub-paragraph (c), after “nomination” insert “under regulation 91”;\n(f) in paragraph 14, for “this paragraph” substitute “this Schedule”.\n(2) In Part 2 of Schedule 5, in paragraph 27, for “surviving nominated partner” substitute “surviving qualifying partner”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2019/1134/regulation/16",
    "retrieved_at": "2026-10-28T22:38:33.484398+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}