Regulation 46 Amendment of the Teachers' Superannuation (Scotland) Regulations 2005

After regulation E26 insert the following–

“Nomination of partner

E26A

(1)

A teacher (A) may nominate another person (B) to receive a pension by giving to the Scottish Ministers a declaration signed by both A and B that the condition in paragraph (2) has been satisfied for a continuous period of at least 2 years which includes the day on which the declaration is signed.

(2)

The condition is that–

(a)

A is able to marry, or form a civil partnership with, B;

(b)

A and B are living together as if they were husband and wife or as if they were civil partners;

(c)

neither A nor B is living with a third person as if they were husband and wife or as if they were civil partners; and

(d)

either B is financially dependent on A or A and B are financially interdependent.

(3)

A nomination has no effect if the condition in paragraph (2) has not been satisfied for a continuous period of at least 2 years which includes the day on which the declaration is signed.

(4)

A nomination ceases to have effect if–

(a)

either A or B gives written notice of revocation to the Scottish Ministers;

(b)

A makes a subsequent nomination under this regulation;

(c)

either A marries, forms a civil partnership or lives with a third person as if they were husband and wife or as if they were civil partners; or

(d)

B dies.

(5)

B is A’s surviving nominated partner if–

(a)

the nomination has effect at the date of A’s death; and

(b)

B satisfies the Scottish Ministers that the condition in paragraph (2) was satisfied for a continuous period of at least 2 years immediately prior to A’s death.

(6)

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.”.