Carol asks:

My partner of ten years died in 2009. We had co-habited as husband and wife for the last three years and planned to marry in October 2009. His main concern was to provide for my financial security in the event of his death. This was reflected in our wills which left everything to each other.

Shortly before the date we had booked for the registry office, my partner became severely ill, deteriorated quickly and died before we were able to get married, despite the Registrar arranging to carry out a bedside marriage.

My partner had a pension which he was receiving from the Teachers’ Pension scheme. When I told them about his death they told me I wasn’t entitled to any dependant’s pension as I was not a nominated partner.

I have letters from the Registrar, our GP, our solicitor and the hospital consultant confirming the above. I would like to appeal against the decision of the Teachers’ Pension scheme. Would such a course of action be worthwhile? Is it possible for the Teachers Pension Scheme to use their discretion in such matters? If so what would be the best approach?

This is a very sad case and it must be a matter of regret that your wishes could not have been fulfilled and the marriage proceeded with as planned before your partner’s untimely death.

As things stand, it now seems most unlikely that anything can be done to secure a continuing pension for you under the Teachers’ Pension Scheme. According to Teachers’ Pensions, they have no discretion under their regulations in relation to a payment of a pension to a surviving partner who had not been nominated.

Even if a nomination had been made (or accepted posthumously) there would almost certainly still have been a problem in obtaining an appropriate pension.  

Only service from 1st January 2007 onwards automatically counts for surviving nominated partner benefits and, whereas it’s possible for a pensioner to make a nomination and purchase pre-1 January 2007 service there are conditions attached to doing so, notably that the person has to be in pensionable employment.

In addition there is a two year qualifying period. So, unless a person a) was in service after 1 January 2007 and purchased pre-1 January 2007 service whilst in pensionable employment or b) has accrued at least two year’s pensionable service after that date, a pensioner’s nomination would be pointless.

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