# The Teachers' Superannuation (Scotland) Regulations 1993, Paragraph 8


(1) This paragraph applies–
(a) where paragraph 5 has become applicable because the teacher died while in pensionable employment, or
(b) where the teacher dies within 3 months after ceasing to be in such employment without having made an election under paragraph 5 or 6,
and another person (“the pensioner”) is entitled under regulation E25 to a long-term pension in respect of him.
(2) Where this paragraph applies–
(a) the teacher is to be treated as having ceased to hold the employment when incapacitated;
(b) any election that could have been made under paragraph 5 or 6 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 ceases 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/uksi/1992/280/schedule/4/paragraph/8 (the official version)
Page: https://openlegislation.uk/teachers-superannuation-scotland-regulations-1993/schedule-4/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.