The Police Pension Scheme (Scotland) Regulations 2015

PART 7 Payment of death benefits in respect of transition members with continuity of service

Annual rate of surviving adult’s pension payable under this scheme when a 1987 transition member dies as a pensioner member

25.—(1) This regulation applies in relation to a 1987 transition member with continuity of service who dies as a pensioner member of this scheme.

(2) Benefits for surviving spouses and surviving civil partners are not payable under the 1987 scheme in respect of the member.

(3) The annual rate of a surviving adult’s earned pension is the sum of—

(a) the amount calculated under regulation 129; and

(b) the amount of annual pension which would have been payable under the 1987 scheme to the member’s surviving spouse or surviving civil partner had those benefits been payable under that scheme in respect of the member.

(4) The amount of pension payable under paragraph (3)(b) is subject to the same conditions, and ceases to be payable in the same circumstances, as is the pension to which the member’s surviving spouse or surviving civil partner would have been entitled under the 1987 scheme.

Annual rate of surviving adult’s pension payable under this scheme when a 2006 transition member dies as a pensioner member

26.—(1) This regulation applies in relation to a 2006 transition member with continuity of service who dies as a pensioner member of this scheme.

(2) Benefits for surviving spouses, surviving civil partners or other adult dependants are not payable under the 2006 scheme in respect of the member.

(3) The annual rate of a surviving adult’s earned pension is the sum of—

(a) the amount calculated under regulation 129; and

(b) the amount of annual pension which would have been payable under the 2006 scheme to the member’s surviving spouse, surviving civil partner or other adult dependant had those benefits been payable under that scheme in respect of the member.

(4) The amount of pension payable under paragraph (3)(b) is subject to the same conditions, and ceases to be payable in the same circumstances, as is the pension to which the member’s surviving spouse, surviving civil partner or other adult dependant would have been entitled under the 2006 scheme.

Annual rate of surviving adult’s pension payable under this scheme when a 1987 transition member dies as a deferred member

27.—(1) This regulation applies in relation to a 1987 transition member with continuity of service who dies as a deferred member of this scheme.

(2) Benefits for surviving spouses or surviving civil partners are not payable under the existing police pension scheme in respect of the member.

(3) The annual rate of a surviving adult’s earned pension is the sum of—

(a) the amount calculated under regulation 130; and

(b) the amount of annual pension which would have been payable under the 1987 scheme to the member’s surviving spouse or surviving civil partner had those benefits been payable under that scheme in respect of the member.

(4) The amount of pension payable under paragraph (3)(b) is subject to the same conditions, and ceases to be payable in the same circumstances, as is the pension to which the member’s surviving spouse or surviving civil partner would have been entitled under the 1987 scheme.

Annual rate of surviving adult’s pension payable under this scheme when a 2006 transition member dies as a deferred member

28.—(1) This regulation applies in relation to a 2006 transition member with continuity of service who dies as a deferred member of this scheme.

(2) Benefits for surviving spouses, surviving civil partners or other adult dependants are not payable under the 2006 scheme in respect of the member.

(3) The annual rate of a surviving adult’s earned pension is the sum of—

(a) the amount calculated under regulation 130; and

(b) the amount of annual pension which would have been payable under the 2006 scheme to the member’s surviving spouse, surviving civil partner or other adult dependant had those benefits been payable under that scheme in respect of the member.

(4) The amount of pension payable under paragraph (3)(b) is subject to the same conditions, and ceases to be payable in the same circumstances, as is the pension to which the member’s surviving spouse, surviving civil partner or other adult dependant would have been entitled under the 2006 scheme.

Annual rate of surviving adult’s pension payable under this scheme when a 1987 transition member dies as an active member

29.—(1) This paragraph applies in relation to a 1987 transition member with continuity of service—

(a) who dies as an active member of this scheme; and

(b) who has at least 2 years’ qualifying service.

(2) Benefits for surviving spouses or surviving civil partners are not payable under the existing police pension scheme in respect of the member.

(3) The annual rate of surviving adult’s earned pension payable under this scheme is the sum of—

(a) the amount calculated under regulation 131; and

(b) the amount of annual pension which would have been payable under the 1987 scheme to the member’s surviving spouse or surviving civil partner had those benefits been payable under that scheme in respect of the member.

(4) The amount of pension payable under paragraph (3)(b) is subject to the same conditions, and ceases to be payable in the same circumstances, as is the pension to which the member’s surviving spouse or surviving civil partner would have been entitled under the 1987 scheme.

Annual rate of surviving adult’s pension payable under this scheme when a 2006 transition member dies as an active member

30.—(1) This paragraph applies in relation to a 2006 transition member with continuity of service—

(a) who dies as an active member of this scheme; and

(b) who has at least 2 years’ qualifying service.

(2) Benefits for surviving spouses, surviving civil partners or other adult dependants are not payable under the 2006 scheme in respect of the member.

(3) The annual rate of surviving adult’s earned pension payable under this scheme is the sum of—

(a) the amount calculated under regulation 131; and

(b) the amount of annual pension which would have been payable under the 2006 scheme to the member’s surviving spouse, surviving civil partner or other adult dependant had those benefits been payable under that scheme in respect of the member.

(4) The amount of pension payable under paragraph (3)(b) is subject to the same conditions, and ceases to be payable in the same circumstances, as is the pension to which the member’s surviving spouse, surviving civil partner or other adult dependant would have been entitled under the 2006 scheme.

Payment of eligible child’s pension in respect of any transition member

31.—(1) This paragraph applies in relation to a transition member with continuity of service—

(a) who dies as an active member of this scheme and has at least 2 years’ qualifying service;

(b) who dies as a deferred member of the scheme;

(c) who dies as a pensioner member of this scheme.

(2) Benefits for eligible children are not payable under the existing police pension scheme in respect of the member.

(3) The annual rate of child’s earned pension payable under this scheme is the sum of—

(a) the annual rate of child’s earned pension calculated under regulation 136; and

(b) the amount of annual pension which would have been payable under the existing police pension scheme to any eligible children of the member had those benefits been payable under the existing police pension scheme in respect of the member.

(4) The amount of pension payable under paragraph (3)(b) is subject to the same conditions, and ceases to be payable in the same circumstances, as is the pension to which the eligible child would have been entitled under the existing police pension scheme.

Lump sum death grant payable on death of active member

32.—(1) This paragraph applies in relation to a transition member with continuity of service who dies as an active member of this scheme.

(2) On the death of the member—

(a) a lump sum death grant is payable in respect of the member under regulation 151; but

(b) a death in service lump sum death grant is not payable under the existing police pension scheme.

Death gratuities - dependants

33.—(1) This paragraph applies in relation to a transition member with continuity of service—

(a) who dies as a deferred member or pensioner member of this scheme if the death results from an injury received in the execution of duty; or

(b) who dies as a pensioner member of this scheme if the member dies within 2 years after becoming a pensioner member.

(2) The scheme manager may in its discretion grant a gratuity under both this scheme and the 2006 scheme if the conditions for payment are met under both—

(a) regulation 155 (death gratuities – dependants); and

(b) regulation 44 of the 2007 Regulations (death gratuities – dependants).

(3) The scheme manager may grant a gratuity under both this scheme and the 1987 scheme if the conditions for payment are met under both—

(a) regulation 155; and

(b) regulation E2 of the 1987 Regulations (gratuities – dependent relatives).

Death gratuity – estate

34.—(1) This paragraph applies in relation to a transition member with continuity of service who dies as a deferred member, pensioner member or active member of this scheme.

(2) The scheme manager may in its discretion grant a gratuity under both this scheme and the 2006 scheme if the conditions for payment are met under both—

(a) regulation 156 (death gratuity – estate); and

(b) regulation 45 of the 2007 Regulations (death gratuity – estate).

(3) The scheme manager may grant a gratuity under both this scheme and the 1987 scheme if the conditions for payment are met under both—

(a) regulation 156; and

(b) regulation E3 of the 1987 Regulations (gratuity – estate).