Paragraph 13

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

Sch. para.8 amended by Teachers' Superannuation (Additional Voluntary Contributions) 2000 reg.7(1)
Sch. para.SA added by Teachers' Superannuation (Additional Voluntary Contributions) 2000 reg.7(2)
Sch. para. 3 words substituted by Teachers' Pensions 1997 reg. H11(11)
Sch. para. 4(1) words substituted by Teachers' Pensions 1997 reg. H11(11)
Sch. para. 5(2) words substituted by Teachers' Pensions 1997 reg. H11(12)
Sch. para. 11(1) words substituted by Teachers' Pensions 1997 reg. H11(13)
Sch. para. 12 words substituted by Teachers' Pensions 1997 reg. H11(14)

(1)

Where only one dependant’s pension is payable the annual rate of that pension under these Regulations must not be such as to cause the total of the annual rates of the relevant benefits to exceed the permitted amount.

(2)

For the purposes of sub-paragraph (1) the relevant benefits are—

(a)

the dependant’s pension; and

(b)

any similar pension payable to the dependant under the 1988 Regulations or under a free-standing additional voluntary contributions scheme to which contributions were paid while the participator was in pensionable employment,

and the permitted amount is 2/3rds of the maximum retirement pension.

(3)

Where two or more dependants' pensions are payable—

(a)

the annual rate of each such pension must not be such as to cause the annual rates of the relevant benefits payable to the dependant in question to exceed the permitted amount referred to in sub-paragraph (2); and

(b)

the total of the annual rates of such pensions must not be such as to cause the total of the annual rates of the relevant benefits to exceed the permitted amount.

(4)

For the purposes of sub-paragraph (3) the relevant benefits are—

(a)

the dependants' pensions; and

(b)

any similar pensions payable as mentioned in sub-paragraph (2)(b),

and for the purposes of paragraph (3)(b) the permitted amount is the annual rate of the maximum retirement pension.

(5)

Subject to sub-paragraph (6), the maximum retirement pension is the participator’s permitted amount calculated in accordance with paragraphs 8 to 12 but disregarding any retained benefits.

(6)

In calculating the maximum retirement pension—

(a)

if the participator died in pensionable employment and had not attained the age of 60, it is to be assumed that he continued in pensionable employment at the same salary up to, and retired on, his 60th birthday, and

(b)

if the participator died in pensionable employment and had attained the age of 60, it is to be assumed that he retired on the day before the date of his death.