# Teachers' Superannuation Regulations (Northern Ireland) 1998, Paragraph 12

Extent: N.I.
Status: prospective

(1) This paragraph applies—
(a) where paragraph 7 has become applicable because the person died while in pensionable employment; or
(b) where he dies within 3 months after ceasing to be in pensionable employment without having made an election under paragraph 8 or 9,
and another person (“the pensioner”) is entitled under regulation E26 to a long-term pension in respect of him.
(2) Where this paragraph applies—
(a) the person shall be treated as having ceased to hold the employment when incapacitated;
(b) any election that could have been made under paragraph 8 or 9 may, within 3 months after the death, be made by the pensioner, or in the case of a child by a person acting on his behalf;
(c) if any payment due by virtue of such an election is not made within 3 months after the death the election ceased to have effect; and
(d) a terminal sum may be set off against such a payment only to the extent that the person entitled to it consents.

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Source: https://www.legislation.gov.uk/nisr/1998/333/schedule/4/paragraph/12 (the official version)
Page: https://openlegislation.uk/teachers-superannuation-regulations-northern-ireland-1998/schedule-4/paragraph-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.