Regulation E20 Deficiency grants

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Regs mod. by Teachers' Superannuation 1997 regs.2,41
reg.E20(2)(3) amended by Teachers' Superannuation 1997 regs.2,22(a), 40(1)
reg.E20(4) substituted by Teachers' Superannuation 1997 regs.2,22(b), 40(1)
reg.E20(4A) added by Teachers' Superannuation 1997 regs.2,22(c), 40(1)
reg.E20(6) amended by Teachers' Superannuation 1997 regs.2,22(d), 40(1)
reg.E20(6) amended by Teachers' Superannuation 1994 reg.11
reg E20 am (retrosp) (to 1.12.2000) by Teachers' Superannuation (Pension Sharing on Divorce) 2001 regs 2, 5, Sch 2, para 4
reg E20 am by Teachers' Superannuation 2001 regs 2, 15
reg E20 amended by Teachers' Superannuation 1999 reg.10

(1)

Subject to paragraph (5), this regulation applies where a teacher dies who–

(a)

has become entitled to payment of retirement benefits; and

(b)

is not in pensionable employment.

(2)

If–

(a)

at least 10 years' reckonable service was taken into account in calculating his retiring allowances; and

(b)

the total of the amounts paid in respect of these allowances is less than the pensionable salary,

a grant equal to that deficiency may be paid.

(3)

If–

(a)

less than 10 years' reckonable service was taken into account in calculating his retiring allowances; and

(b)

the amount paid in respect of his retirement pension is less than 5 times the annual rate at which it was payable when he died,

a grant equal to that deficiency may be paid.

(4)

For the purposes of this regulation any part of a pension allocated under regulation E12, or any amount deducted from the retirement lump sum, shall be treated as having been paid.

(5)

This regulation does not apply if the person’s last employment was of a kind described in Part II of Schedule 9 (employment at reduced salary) and formed part of the qualifying period for the purposes of regulation E4(5) (retiring allowances).

(6)

Subject to paragraph (7), where any grant is paid under this regulation, it shall be paid to the deceased’s spouse, whom failing, to the legal personal representative.

(7)

In the event of the deceased being survived by two or more spouses, they shall be entitled to an equal share of the grant payable under this regulation.