Statutory Instrument: The Teachers Superannuation (Family Benefits) Regulations 1966
SI 357
Came into force: 1 April 1966
The Teachers Widows’ and Children’s Pension Scheme is established. This is a separate family benefits scheme for men, for which they elect to pay additional contributions of two per cent of pensionable pay.
The Teachers’ Dependants’ Pension Scheme is established for single men, women (single and married) who can apply to nominate a financial dependant, subject to proving financial dependency. They also pay additional contributions based on amounts determined by GAD factors.
There is an option to make a family benefits election to cover earlier service by payment of further additional contributions or a deduction from their retirement benefits.
Consolidates regulations relating to the payment of pensions to widows or widowers, children and dependants.
All male teachers entering service for the first time (from 1 April 1969) are required to participate in the Teachers’ Widows’ and Children’s Pension Scheme.
There is an option to make a family benefits election to cover earlier service by payment of further additional contributions or a deduction from their retirement benefits.
All male teachers pay additional contributions of two per cent of pensionable pay.
Female teachers can nominate a financial dependant, subject to providing financial dependency.
Provision for short service widow’s pension where a teacher has less than 10 years’ service.
A widow’s pension is not payable if the widow is co-habiting with a man or re-marries.
Winding up of the Teachers Widows’ and Children’s Pension Scheme and Teachers’ Dependants’ Pension scheme
Came into force: 1972
the Teachers Widows’ and Children’s Pension Scheme and Teachers’ Dependants’ Pension Scheme were wound up in 1974, taking effect from 1972
service from 1 April 1972 for male teachers is automatically included for family benefits and no additional contributions are required
members received paid up credits for family benefit contributions paid, including excess contributions, from 1972 – 74
a woman or unmarried male teacher can nominate certain categories of relatives to receive family benefits; they have to prove financial dependency. No additional contributions have to be paid from 1 April 1972.
Male and female teachers employed in reckonable service on or after 1 April 1972 can elect to pay contributions in respect of reckonable service before that date.
For a member’s retirement benefits, the period of qualification service required for entitlement to benefits is reduced from five years to two years (effective from 6 April 1988).
For a widower’s pension, a minimum of two years qualifying service is required from 6 April 1988. There is provision to elect to cover service before that date to increase family benefits.
Introduction of a widower’s pension (from 6 April 1988) for female teachers – service from that date automatically counts for widower’s benefits.
Widows of a polygamous marriage are jointly entitled to any widow’s pension that becomes payable.
An in-service death grant is extended to those on unpaid maternity and parental leave.
A teacher’s natural child must be born within 12 months of the teacher’s death to be entitled to a child’s pension. (HM Treasury ruling, from 30 March 2000).
If a person dies after a pension sharing order has been made but before the pension is put into payment, or if a pension credit member dies before they have received their benefits, or if they have received a pension for less than five years, a death grant becomes payable.
Pensions payable to children on the death of a pension debit member will not be reduced as a result of pension sharing.
Pensions payable to a widow, widower or nominated beneficiary will be reduced if a pension sharing order has taken effect.
Provision for short and long-term pensions for unmarried partners (opposite-sex and same-sex) “surviving nominated partner”.
Nomination must be accompanied by a joint declaration by the scheme member and the nominee confirming that they have lived together continuously for at least two years.
Survivor pensions do not cease on re-marriage where a member was in service after 31 December 2006. Widow, widower and civil partner pensions payable in respect of a member who retired from a date prior to 1 January 2007 will be remain liable to cessation on the recipient’s remarriage, civil partnership or cohabitation.
Death grant for members who die ‘in-service’ is raised to three times the average salary.
A death grant can be paid when a person in a reserve force who is paying contributions becomes incapacitated and dies within 12 months and before an incapacity pension was initiated.
All children’s pensions are based on service from 1 April 1972 for members who died after 1 September 2010.
The process for paying the short term pension for a death in service changed: Teachers’ Pensions pay the short term pension direct to the member’s spouse or dependant. (Before this date it was paid by the employer).
Provision for civil partners and same-sex spouses with the same pension benefits as widows ie 1 April 1972 or 6 April 1978 (Walker v Innospec)
Removes requirement to nominate unmarried co-habiting partners for survivor benefits (Brewster case). The member still has to satisfy the eligibility criteria set out in the regulations eg prove financial dependency or inter-dependency.
The male spouse or civil partner of a female member is treated in the same way as a same-sex spouse or civil partner. Survivor benefits will be calculated using service from 1 April 1972, or 6 April 1978 if the marriage or civil partnership took place after the last day of pensionable service. (Goodwin case)
This change applies in respect of a surviving male spouse or male civil partner of a female member who died on or after 1 December 2005, providing the surviving male spouse or male civil partner is still alive, or to their estates, if the surviving male spouse or male civil partner died on or after 1 September 2019.
Current survivor benefits for adults
Service included in the calculation for the dependant’s pension
Married or formed a civil partnership before leaving pensionable service – all service from 1 April 1972
Married or formed a civil partnership after leaving pensionable service – all service from 6 April 1978
Service included in the calculation for the dependant’s pension
All service from 1 April 1972
If the member has paid family benefit contributions in respect of service before 1 April 1972, either all of the service might be included in the calculation or there could be a paid-up-credit from the TWCPS to use in the calculation
Service included in the calculation for the dependant’s pension
If the nominated/qualifying surviving partner meets the criteria in the regulations – all service from 1 January 2007
If the member paid family benefit contributions in respect of service before 1 January 2007, the service will be included in the calculation
Service included in the calculation for the dependant’s pension