# The Teachers’ Pensions Schemes (Amendment) Regulations 2019, Regulation 16: Amendments to Schedule 5


(1) In Part 1 of Schedule 5—
(a) for paragraph 2(c) and the “or” following it, substitute—
“(c) P is living with a person who fulfils the condition in regulation 90(2) (conditions for becoming a surviving qualifying partner), or”;
(b) for paragraph 3 substitute—
“3. “Non-qualifying service” means—
(a) where the qualifying person (P) is —
(i) a man with a spouse or civil partner,
(ii) a woman with a civil partner or a female spouse, or
(iii) a person who has nominated a person under regulation 91 (nomination of surviving nominated beneficiary),
reckonable service which ended before 1st April 1972;
(b) where P is a woman with a male spouse, reckonable service which ended before 6th April 1988, and
(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,
but, 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.”;
(c) in paragraph 5—
(i) after sub-paragraph (a) insert—
“(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,”,
(ii) in sub-paragraph (b), after “nomination”, in the first place it occurs, insert “under regulation 91”;
(d) in paragraph 7—
(i) in sub-paragraph (1)—
(aa) after “person” insert “(P)”,
(bb) after “nomination”, in the first place it occurs, insert “under regulation 91”,
(ii) after sub-paragraph (1) insert—
“(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.”;
(e) in paragraph 9—
(i) omit the word “and” after sub-paragraph (b) and after that sub-paragraph insert—
“(ba) where a person fulfils the condition in regulation 90(2) in relation to P, that person, and”,
(ii) in sub-paragraph (c), after “nomination” insert “under regulation 91”;
(f) in paragraph 14, for “this paragraph” substitute “this Schedule”.
(2) In Part 2 of Schedule 5, in paragraph 27, for “surviving nominated partner” substitute “surviving qualifying partner”.

---
Source: https://www.legislation.gov.uk/uksi/2019/1134/regulation/16 (the official version)
Page: https://openlegislation.uk/teachers-pensions-schemes-amendment-regulations-2019/regulation-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.