Scottish Public Pensions Agency - Internal guidance for the Teachers Pension Scheme: FOI release

Information requested

I am writing to request be supplied with a copy of certain SPPA Teachers Pension Scheme Internal Guidance documents. You should consider this request as a freedom of information request in line with the provisions of the Freedom of Information (Scotland) Act 2002.

I am requesting copies of:

• Internal Guidance document(s) that guide and advise SPPA Teachers Pension Scheme staff and decision makers on the assessment of claims and award of children's pensions to surviving children of Teachers Scheme members who have died.
• Internal Guidance document(s) that guide and advise SPPA Teachers Pension Scheme staff and decision makers on the assessment of claims and award of children's pensions to surviving children who are incapacitated and unable to earn their own living.
• Internal Guidance document(s) that provide guidance to SPPA Teachers Pension Scheme staff and decision makers which clarify and/or explain section E26 of the The Teachers' Superannuation (Scotland) Regulations 2005 (As amended) and/or explain how to interpret and apply said section of the legislation with respect to the assessment of claims and award of children's pensions.

Please note I am only requesting the latest, current documents that are in current use by SPPA Teachers Pension Scheme staff. I do not require previous or superseded versions of said document(s).

I would request that the documents are provided in PDF or other commonly readable electronic format by replay to this email address. If this is not possible and they can only be supplied in hard copy, then please send them by mail to my home address as indicated below.

Response

From the SPPA website Death benefits | SPPA - the following information is provided:

“There may be entitlement to dependent child pensions. Upon the death of a member while either in pensionable employment or while in retiral, a child's pension may be paid initially for 3 months, then a long term pension based on family benefit service from 1972. To qualify for the dependant child's pension, a dependent child must be unmarried and under age 17. If over age 17, they must be in full time education, undertaking a course of at least 2 years' duration. Documentary proof of courses undertaken will be required. All children's pensions will cease on their 23rd birthday. If there is a break in full time education of more than 18 months, there will be no further entitlement to dependant child's pension.”

Providing the evidence above is provided, SPPA will pay a pension to any surviving children in line with scheme regulations.

From the SPPA website Death benefits | SPPA - the following information is provided:

“There is provision to pay continuing child's pension where the child is permanently incapacitated and unable to earn a living. Any such cases should be referred to SPPA with appropriate supporting medical information. These cases will be referred to the SPPA Medical Advisers to determine continuing eligibility.”

SPPA provide scheme Medical Advisors – Health Partners with supplied evidence supporting incapacity. Medical Advisors will make their decision on the basis of medical evidence that is supplied.

SPPA will either then pay a pension in line with scheme regulations or, inform the concerning party why using the medical rational provided by scheme Medical Advisors.

Guidance is limited on regulation E26 however, interpretation is processed on the following basis:

1.Identifying id a member paid into the scheme. If so – E26 applies.

2. Check whether the deceased has a spouse, civil partner, nominated partner or children who qualify.

3. Identify service that counts – pre retirement service generates on set of survivor benefits. Postretirement service generates benefits separately.

4. Apply special date rules if any employment period was pre 1978 (men) or pre 1988 (women). Where an avoidance of doubt exists – SPPA will raise any uncertainty with internal Policy Managers who will provide a simplified explanation of how a regulation should be determined and applied.

The following documentation is included as part of this request:

• An extract to what we provide to the medical advisor as part of the assessment (please see below)
• A PDF document covering ill health arrangements from when the two tier ill health process was introduced [including elements of Child/ Dependant pensions] (attached to this response)

To the Medical Adviser

An application has been received for payment of a Child’s pension payable after the death of a teacher to whom they were wholly or mainly dependant on. To have entitlement, the child must be incapable by reason of such infirmity of earning his or her livelihood and is not maintained out of public money by Parliament or non-domestic rates and council tax levied by local authorities. To assist SPPA determine this application you are asked to consider the medical evidence listed below which has been submitted in support of their application.

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FOI 202500493752 - Information released - Annex

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PDF

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2.1 MB