Regulation 15 Amendment of the Teachers' Superannuation (Scotland) Regulations 2005

Regulation E33 (commencement and duration of long term family pensions) is amended as follows.

In paragraph (1) after “surviving spouse” insert “, surviving civil partner”.

For paragraph (3) substitute the following–

“(3)

Subject to regulation E1(2)(c), (d) and (e), an adult pension–

(a)

shall not, unless the Scottish Ministers determine otherwise, be payable if, at the date of the deceased’s death, the person to whom it would (apart from this sub-paragraph) have been payable is living with someone else as if they were husband and wife or as if they were civil partners; and

(b)

shall not, unless the Scottish Ministers determine otherwise, be payable after the person to whom it was payable marries or forms a civil partnership or begins to live with someone else as if they were husband and wife or as if they were civil partners; and

(c)

if the Scottish Ministers so decide, may be payable on the person to whom it would (apart from sub paragraph (a) or (b)) have been payable again becoming a widow, widower or surviving civil partner, or on termination of any such marriage, civil partnership or, as the case may be, of the period of cohabitation.”.

After paragraph (3) insert the following–

“(3A)

But paragraph (3) does not apply to so much of any pension as is payable in respect of section 9(2B) Rights to a widow or widower whose entitlement arose from a death occurring before 5th December 2005 and who forms a civil partnership or lives with someone as if they were civil partners.

(3B)

For the purposes of this regulation, two people of the same sex are to be regarded as living together as if they were civil partners if they would be regarded as living together as husband and wife if they were not of the same sex.”.

In paragraph (4)(a) after “surviving spouse” insert “, surviving civil partner”.