Paragraph 12

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

sch 6 am by Teachers' Superannuation 2006 reg 13, schedule
sch 6 am by Teachers' Superannuation 2007 regs 2, 79
sch 6 rev in pt by Teachers' Superannuation 2007 regs 2, 79
sch 6 am by Teachers' Superannuation 2008 regs 2, 29
Sch 6, Pt III, para 13 am by Teachers' Superannuation 2005 regs 2, 22(1), (3), 28
Sch 6, Pt III, para 15 am by Teachers' Superannuation 2005 regs 2, 22(1), (4), 28
Sch. 6 para. 11(1) words substituted by Teachers' Superannuation 2008 reg. 29
Sch. 6 para. 11(3) words substituted by Teachers' Superannuation 2008 reg. 29
Sch. 6 para. 12B(3) words substituted by Teachers' Superannuation 2008 reg. 29
Sch. 6 para. 12C(2) words substituted by Teachers' Superannuation 2008 reg. 29
Sch. 6 para. 12E(3) words substituted by Teachers' Superannuation 2008 reg. 29
Sch. 6 para. 12F(2) words substituted by Teachers' Superannuation 2008 reg. 29

(1)

The widower of a woman who–

(a)

died during the period beginning on 6th April 1988 and ending with 31st December 1989 without having made an election under paragraph 9; and

(b)

either was in pensionable employment when she died or had ceased during that period to be so employed,

may make a corresponding election under this paragraph.

(2)

A married woman who–

(a)

ceased to be in pensionable employment during the period mentioned in sub-paragraph (1); and

(b)

on ceasing to be so employed did not immediately become entitled to payment of retirement benefits,

may make a corresponding election under this paragraph if the conditions in sub paragraph (3) are satisfied.

(3)

The conditions are that–

(a)

she did not again enter pensionable employment; and

(b)

she has become entitled to payment of retirement benefits.

(4)

Where a woman to whom sub paragraphs (2) and (3) would otherwise have applied dies before becoming entitled to payment of retirement benefits, her widower may make a corresponding election under this paragraph.

(5)

An election under this paragraph–

(a)

must be made by giving written notice to the Scottish Ministers within the appropriate period;

(b)

must specify the period in respect of which it is made; and

(c)

is to be treated as an election to make payment by Method B.

(6)

The appropriate period is–

(a)

where sub paragraph (1) applies, the period beginning on 1st July 1989 and ending with 31st December 1989;

(b)

where sub paragraphs (2) and (3) apply, 6 months from the date on which she became entitled to payment of retirement benefits; and

(c)

where sub paragraph (4) applies, 3 months from the date of her death.