Death in service

If you die whilst paying into the Scottish Teachers' pension scheme, your surviving dependents can claim valuable benefits.  

Lump sum

If you die in service, a death grant payment will be made to your surviving spouse, civil partner or nominated person(s).  If there is no surviving spouse, civil partner or nominations, this payment would be made to your estate. This payment is three times your annual rate of pensionable earnings.

If you have entered phased retirement or have retired but returned to work, you're dependants will still receive a death grant payment.

The grant would be reduced by the amount of any lump sum you had previously received as a result of earlier retirements.

If you die within two months of leaving employment (12 months if you left on ill health grounds) your dependants would still be entitled to death in service benefits. 

Short-term pensions

If you die in service or within a year of leaving because of ill-health, your spouse, civil partner or nominated person(s) will receive a short-term pension. This is equal to your pensionable pay at the time of your death. 

It will paid from the day after your death and lasts for 3 months. A short-term pension is also payable for the same three months to any dependent children.

If there is no long-term pension payable to a spouse, civil partner or nominated person(s) and there is one or more eligible child, a short-term pension will be payable for six months.

Long-term pensions

Long-term pensions are payable to the dependants of members who have at least two years’ qualifying service. Once any short-term pensions come to an end, the long-term pension benefits will be applied.

Long-term pensions are paid immediately after the short-term pension stops. If the deceased member left pensionable employment before 1 April 2007, the survivor pension will end in the event of:

• the recipient’s death;
• remarriage;
• cohabitation, or;
• if a new civil partnership is registered. 

If the member was still in pensionable employment on or after 1 April 2007, the adult dependant's pension will be payable for life.

Death in retirement

Lump sum

If you were to die within five years of your retirement, a deficiency grant would be payable. This would be paid to your surviving spouse, civil partner or nominated person(s).  If there is no surviving spouse, civil partner or nominations, this payment would be made to your estate.

The grant amount is the difference between the pension paid up to the date of death and five times the annual rate of pension. Deficiency grants are not payable to members on phased retirement. 

Short term pensions 

If you die after you retire, a short-term pension will be paid to your spouse, civil partner, nominated person(s) or dependent children. The amount payable would be equal to the pension you were receiving when you died. 

Long-term pensions 

Long-term pensions are payable to the dependants of members who have at least two years’ qualifying service. Once any short-term pensions come to an end, the long-term pension benefits will be applied. 

Long-term pensions are paid immediately after the short-term pension stops. If the deceased members pension was paid before 1 April 2007, the survivors pension will end in the event of:

• the recipient’s death;
• remarriage;
• cohabitation, or;
• if a new civil partnership is registered. 

If the members pension was paid from 1 April 2007, the adult dependant's pension will be payable for life.

Getting Married after you retire

If you marry after your last day of pensionable employment, only service from 6 April 1978 will count for a widow’s / widower’s pension. 

If you register a civil partnership, only service from 6 April 1978 will count for a civil partner's pension. 

If you have a nominated non-legal partner, only service from 1 April 2007 would count as family benefits service. You can choose to purchase earlier service if you'd like extra benefits to be included in the calculations for a non-legal partner. 

Death benefits for deferred members

Lump sum 

If you die after leaving employment as a teacher but haven’t claimed your pension. Known as preserved membership. Your  surviving spouse, civil partner or nominated person(s) would be eligible for a death grant. 

The grant would be equal to the lump sum amount you would have received if you had applied for your benefits. 

If there is no surviving spouse, civil partner or nominations in place, a death grant would be payable to your estate. The amount paid would be equal to the greater of: 

• the lump sum payable to you, had you applied for your retirement benefits, or: 
• the total amount of contributions you had paid plus 3% compound interest. 

Short-term pensions 

If you die after leaving employment as a teacher without applying for your pension, there would be no short-term pensions payable. 

Long-term pensions 

 Long-term pensions are payable to the dependants of members who have at least two years’ qualifying service. 

If the deceased member left teachers employment before 1 April 2007, the survivors pension will end in the event of:

• the recipient’s death;
• remarriage;
• cohabitation, or;
• if a new civil partnership is registered. 

If the member left teachers employment on or after 1 April 2007, the adult dependant's pension will be payable for life.

Your guide to benefits for partners who aren’t married or in a civil partnership

The Scottish Teachers' Superannuation Scheme (STSS) and the Scottish Teachers’ Pension Scheme (STPS) provide death benefits for married couples and civil partners. However, the regulations for non-legal partners are a little more complex.

If you were paying into the scheme on or after 1 April 2007, your non-legal partner may qualify for benefits in certain circumstances. 

Scheme death benefit requirements

The main requirements for your non-legal partner to qualify for death benefits are:

• you must hold at least 2 years’ qualifying service
• you and your partner must be living together in an exclusive, committed and long-term relationship for at least two years
• your partner would have to be financially dependent on you or the two of you need to be financially interdependent
• you and your partner both have to be legally entitled to marry or join a civil partnership with each other.

What is an ‘exclusive, committed and long-term’ relationship?

To receive a partners pension, SPPA must be satisfied that you’re living together in a long term relationship that you both intend to continue. If you have a similar relationship with more than one person, none of them would be entitled to a pension.

‘Long-term’ in this context means at least two years. Following your death, SPPA would consider your case and take account of anything that supports the claim.

What is financial dependence and interdependence?

Your partner is ‘financially dependent’ on you if you provide all or most of the income on which you both live.

You are ‘Financially interdependent’ if you rely on joint finances to support your standard of living. It doesn’t mean that you need to be contributing equally. For example, if your partner’s income is more than yours, they might pay any bills, whilst you pay for the weekly shopping.  

What is meant by free to marry or form a civil partnership

This means that there should be nothing preventing you from marrying or forming a civil partnership with your partner. Neither of you should be married to or have a civil partnership with another person.

What happens if you’re waiting for a divorce or dissolution to come through?

If you’re married or have a civil partner, SPPA will pay a pension to your surviving spouse or civil partner, even if you no longer live with them. If you want your non-legal partner to receive a pension, you must both be legally free to marry or form a civil partnership with each other.

Do I have to own a house or flat with my partner?

The rules state that you must be living together. Most people in a permanent relationship either own or rent property together. If you both maintain separate households and don’t share each other’s living expenses, your partner would not qualify.

Your circumstances may change and you may be forced to spend your final years away from home, such as, in residential nursing care. If this is the case, SPPA would take this into account when looking at your partners case.

How do I nominate a partner?

You can nominate a partner at any point by submitting a completed Non-Legal Partner Nomination Form. Submitting a nomination to SPPA does not guarantee that a partner’s pension will be paid. However, it will act as extra evidence to support their claim in the event of your death.

If you’d like to make the payment of any lump sum on death to someone other than your partner, you should complete a Lump Sum On Death Nomination Form. If you choose to pay a lump sum benefit to a person other than your partner, your partner’s pension would not be affected.

What if we split up?

If you’ve submitted a nomination form and your relationship comes to an end, it’s important that you tell SPPA in writing as soon as possible. This is so that we can cancel your nomination. 

If you enter into a new permanent relationship, you may wish to make a new nomination at some time in the future.

Should I make a will?

If you want to leave anything to your partner, apart from your pension, you should consider writing a will. If you die without a will, your property will not automatically go to your partner.

Although not required, you should consider getting legal advice before writing your a will.

Naming your partner as a beneficiary in a will is one factor that we may take into account when deciding if your partner is eligible for pension benefits.

What if I don’t want my employer to know about my relationship?

Nomination forms should be sent directly to SPPA, who act on behalf of your employer. All documentation and casework handled by SPPA is confidential and held in line with data protection legislation.

Application and supporting evidence 

When SPPA is notified of your death, your partner will need to complete a claim form and provide documentation to support their claim. If there’s a nomination on file, SPPA will contact your partner in the event of your death. If there’s no nomination on file, it will be your partner’s responsibility to contact SPPA and request the relevant form. 

To apply for a pension, you're partner should meet the following requirements:

• you and your partner have lived together in an exclusive, committed and long-term relationship for at least two years;
• your partner was financially dependent on you or the two of you were financially interdependent
• you were both able to legally marry or join a civil partnership with each other.

If these requirements are met, your partner will need to supply evidence in writing that supports their claim. This should include proof that you were in a relationship and that they were financially dependent or interdependent. 

Appropriate supporting documentation may include:

• confirmation that you lived in a shared household
• confirmation of shared household spending information about children you brought up together
• a mutual power of attorney
• a joint mortgage or tenancy agreement
• a joint bank account
• joint savings accounts or investments
• wills naming each other as the main beneficiary
• your partner being nominated as the main beneficiary of life insurance
• your death leading to extra living expenses for your partner.

These are examples and SPPA will considered each case individually. You and your partner may wish to consider what sort of information they would be able to provide in support of a claim.

Can my partner appeal if they are turned down?

If your partner has been turned down without a valid reason, they may appeal using our Internal Dispute Resolution Procedure. Alternatively, they could pursue the matter through the Sheriff Court.

How much will my partner's pension be worth?

 Short-term pensions may be payable for the first 3 months if you are still in pensionable service or are in receipt of your pension at the time of death.

Once the short-term pension stops (if applicable), a long-term pension will be paid for life. The long term pension payable to a partner differs depending on which scheme you are a member of as well as your status in the scheme on the date of death.

Death in service

STSS - Normal Pension Age of 60 

This is calculated using service from 1 April 2007 plus an enhancement of 50% service you could have completed before age 60.

STSS - Normal Pension Age of 65  

This is calculated using service from 1 April 2007 plus an enhancement of 50% service you could have completed before age 65.

2015 Scheme - State Pension Age (SPA)

This is calculated as 37.5% of members pension plus an enhancement of 50% service you could have completed to your SPA. This is then multiplied by 1/57th of your final full-time equivalent pensionable earnings.

Death in retirement

STSS - Normal Pension Age of 60  

This is calculated as 50% of your pension taken from service built up from 1 April 2007 only.

STSS - Normal Pension Age of 65   

This is calculated as 50% of your pension.

2015 Scheme - State Pension Age (SPA) 

This is calculated as 37.5% of your pension.

Death while in deferred membership

STSS - Normal Pension Age of 60   

This is calculated as 50% of your pension taken from service built up from 1 April 2007 only. 

STSS - Normal Pension Age of 65   

This is calculated as 50% of your pension. 

2015 Scheme - State Pension Age (SPA)  

This is calculated as 37.5% of your pension. 

Death within 12 months of leaving under the grounds of ill health

STSS - Normal Pension Age of 60   

This is calculated using service from 1 April 2007 plus an enhancement of 50% service you could have completed before age 60. 

STSS - Normal Pension Age of 65   

This is calculated using service from 1 April 2007 plus an enhancement of 50% service you could have completed before age 65. 

2015 Scheme - State Pension Age (SPA)  

This is calculated as 37.5% of members pension plus an enhancement of 50% service you could have completed to your SPA. This is then multiplied by 1/57th of your final full-time equivalent pensionable earnings. 

Death within 2 months of preservation

STSS - Normal Pension Age of 60  

This is calculated using service from 1 April 2007 plus an enhancement of 50% service you could have completed before age 60. 

STSS - Normal Pension Age of 65  

This is calculated using service from 1 April 2007 plus an enhancement of 50% service you could have completed before age 65. 

2015 Scheme - State Pension Age (SPA) 

This is calculated as 37.5% of members pension plus an enhancement of 50% service you could have completed to your SPA. This is then multiplied by 1/57th of your final full-time equivalent pensionable earnings. 

Would my partner’s pension stop if they form a new relationship?

No. The pension is payable for life, regardless of whether they remarry, enter a civil partnership, or cohabit with someone else.

Will my partner receive any other benefits when I die?

A lump sum on death benefit may be payable in addition to any dependents’ pensions if you die before retiring or within five years after retiring.

The death in service lump sum is equal to three times your annual pensionable pay or salary rate at the date of death. The amount payable if you die after retirement depends on the amount of retirement benefits you’ve already received from the scheme. 

If you exchanged some of your pension to receive a lump sum when you retired, your partner may not be eligible to receive another lump sum when you die.

The lump sum on death benefit is paid to your spouse, civil partner or qualifying non-legal partner unless you nominated someone else.

A guide to pension entitlement of dependant children

A pension may be paid if you leave dependent children. 

For the first three months a short-term pension will be paid equal to your pensionable pay. If you leave no more than 2 children this will reduce to half of any adult pension. If you leave more than 2 children the adult pension is divided by the number of children. 

Children’s pensions are increased if there is no adult pension payable, and the short-term pension will be paid for six rather than three months.

Children's pension are typically paid to children under the age of 17.  However, children aged between 17 and 23 will continue to receive a child's pension if they:

• are not married or in a civil partnership;
• have been in full-time education, or;
• in certain kinds of training since reaching the age of 17 without a break of more than 18 months. 

Children’s pensions may also continue after age 23 if a child is dependent on you because of ill-health at the time of your death.