Regulation 5 Amendment of the Teachers' Superannuation (Scotland) Regulations 2005

Regulation E26 (family benefits generally) is amended as follows.

In paragraph (6)–

In paragraph (7) for “E27” substitute “E28”.

In paragraph (7)(b) after “having attained that age” insert “but not having attained the age of 23”.

For paragraph (7)(d) substitute–

“(d)

was, at the date of death of the teacher referred to in paragraph (6), dependent on that teacher because he or she was incapacitated.”.

After paragraph (10) insert–

“(11)

In relation to–

(a)

a child who was entitled to a pension under regulations E28 to E33 on 5th April 2006; and

(b)

provision to or for the benefit of a child born on or before 5th April 2007 of a teacher who was entitled to payment of retirement benefits under regulation E6 on 5th April 2006,

paragraphs (6) and (7) shall have effect with the modifications specified in paragraph (12).

(12)

The modifications are–

(a)

in paragraph (6) after “or their adopted child” insert “, or accepted by him or her as a member of the family, who is wholly or mainly dependent on him or her,”; and

(b)

in paragraph (7)–

(i)

omit “but not having attained the age of 23” in subparagraph (b); and

(ii)

for sub-paragraph (d) substitute–

“(d)

having ceased while incapacitated to fall within sub-paragraph (a), (b) or (c), he or she continues to be incapacitated.”.”.