# The Teachers' Superannuation (Additional Voluntary Contributions) (Scotland) Regulations 1992, Regulation 12: Retirement and dependants' pensions


(1) The benefits that may be provided on retirement in accordance with this regulation under a pension policy purchased as described in paragraph (7) are a retirement pension and one or more dependants' pensions.
(2) A retirement pension is a pension commencing not earlier than the date of retirement and is payable to the participator for life.
(3) A dependant’s pension is a pension which would become payable to a dependant on the death of the participator after his retirement and is payable for life, except that, in the case of a dependant who is a child as defined in the 1992 Regulations, it shall cease to be payable when that person ceases to be a child within the meaning of those Regulations.
(4) A pension policy purchased as described in paragraph (7) shall not provide for any retirement pension or dependant’s pension to be capable in whole or in part of surrender, commutation or assignment.
(5) Not earlier than one month before retirement, a participator, by giving written notice to the Secretary of State, shall make a benefits election which shall specify—
(a) whether a retirement pension is to be provided;
(b) for whom, if anyone, dependants' pensions are to be provided;
(c) if more than one pension is to be provided, either—
(i) the proportion of the amount secured by the investments made under regulation 9(1) or 10(2) that is to be applied to the purchase of each of them; or
(ii) the dependants' pensions to be provided expressed as a percentage of the retirement pension;
(d) in respect of every pension to be provided, whether the annual rate of the pension—
(i) is to be fixed, or
(ii) is to vary in accordance with the Index, or
(iii) is to increase yearly by a specified percentage or, if lower than that percentage, by any increase in the Index for the year in question; and
(e) the authorised provider who is to provide each pension.
(6) In the case of a retirement pension, the notice may also specify that if the participator dies within the period of 5 years beginning when the retirement pension commences the balance that would have been payable during the remainder of that period if the pension had continued at the rate in force at the time of the participator’s death is to be paid as a lump sum.
(7) Subject to paragraphs (8) and (9), upon receipt of the notice of election the Secretary of State shall, as soon as reasonably practicable, realise the investments made under regulation 9(1) or 10(2) and apply the amount obtained to the purchase of a pension policy from an authorised provider chosen by the participator to provide the benefits specified in the notice of election.
(8) If the participator dies before retirement, or after retirement but before a policy such as is mentioned in paragraph (7) is entered into, the investments made under regulation 9(1) or 10(2) shall be realised and become payable as a lump sum, subject to any limit imposed by regulation 14 and paragraph 13 of the Schedule to these Regulations.
(9) In the case of a retirement pension, where there are exceptional circumstances of serious ill-health affecting the participator, the Secretary of State may realise the investments without purchasing any pension and in that event the amount becomes payable as a lump sum.
(10) If the benefits provided by the pension policy, purchased in accordance with paragraph (7), when aggregated with the benefits payable under the 1992 Regulations arising from the participator’s service, do not exceed the annual amounts specified in regulation H7 of the 1992 Regulations, the authorised provider may discharge the liability for payment of the benefits under the said pension policy by payment of a lump sum representing their capital value.

---
Source: https://www.legislation.gov.uk/uksi/1992/2649/regulation/12 (the official version)
Page: https://openlegislation.uk/teachers-superannuation-additional-voluntary-contributions-scotland-regulations-1992/regulation-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.