{
  "url": "https://openlegislation.uk/teachers-superannuation-scotland-regulations-2005/schedule-4/paragraph-9",
  "json_url": "https://openlegislation.uk/teachers-superannuation-scotland-regulations-2005/schedule-4/paragraph-9.json",
  "legislation": "ssi/2005/393",
  "legislation_title": "The Teachers' Superannuation (Scotland) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/teachers-superannuation-scotland-regulations-2005",
  "path": "schedule/4/paragraph/9",
  "kind": "paragraph",
  "number": "9",
  "heading": null,
  "text": "(1) This paragraph applies–\n(a) where paragraph 6 has become applicable because the teacher died while in pensionable employment; or\n(b) where the teacher dies within 3 months after ceasing to be in such employment without having made an election under paragraph 6 or 7,\nand another person is entitled under regulation E30 to a long-term pension in respect of him or her.\n(2) Where this paragraph applies–\n(a) the teacher is to be treated as having ceased to hold the employment when incapacitated;\n(b) any election that could have been made under paragraph 6 or 7 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 or her behalf;\n(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\n(d) a terminal sum may be set off against such a payment only to the extent that the person entitled to it consents.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "am",
      "affecting": "ssi/2007/189",
      "affecting_title": "The Teachers' Superannuation (Scotland) Amendment Regulations 2007"
    },
    {
      "type": "rev in pt",
      "affecting": "ssi/2007/189",
      "affecting_title": "The Teachers' Superannuation (Scotland) Amendment Regulations 2007"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2005/393/schedule/4/paragraph/9",
    "retrieved_at": "2026-10-28T22:24:46.895061+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}