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The Teachers' Superannuation (Miscellaneous Provisions) (No. 2) Regulations 1988

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Teacher with guaranteed minimum

9.  The principal Regulations are amended by substituting for regulation 79B the following:

“79B.—(1) This regulation applies, and overrides anything in these Regulations that is inconsistent with it, in the case of a teacher who has a guaranteed minimum under section 35 of the Pensions Act(1).

(2) Unless entitled to an annual allowance at a higher rate, the teacher is, from insured pensionable age, entitled to a pension at a weekly rate equal to the guaranteed minimum.

(3) If the teacher is a man and dies (whether before or after attaining insured pensionable age) leaving a widow who is not entitled to a widow’s pension at a higher rate, the widow is entitled to a pension at a weekly rate of half his guaranteed minimum.

(4) If the teacher is a woman and dies (whether before or after attaining insured pensionable age) leaving a widower who is not entitled to a widower’s pension at a higher rate, then in circumstances prescribed under section 36(7A) of the Pensions Act(2) the widower is entitled to a pension payable for the period so prescribed.

(5) The weekly rate of a widower’s pension payable under paragraph (4) is half of that part of the teacher’s guaranteed minimum which is attributable to earnings factors for the tax year 1988—89 and subsequent tax years.

(6) In paragraph (5) “earnings factors” means the earnings factors referred to in section 35 of the Pensions Act and “tax year” means a period of 12 months beginning with 6th April.”.

(1)

1975 c. 60; section 35 was amended by the Social Security Act 1986 (c. 50), section 9(1) and (2) and Schedule 8, paragraph 8(1).

(2)

Section 36(7A) was inserted by the Social Security Act 1986, section 9(3)(c).

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