The Local Government Superannuation (Scotland) Regulations 1987

Entitlement to children’s short-term and long-term pensions

E8.—(1) If at the time of his death a man—

(a) was entitled to receive payments in respect of a retirement pension, or

(b) would have been so entitled but for the operation of regulation E15 (re-employed pensioners), or

(c) was in a local government employment and the total of his reckonable service and any qualifying service when added together amounted to not less than 5 years,

and he leaves one or more eligible children, they are, subject to paragraphs (3) to (5), entitled to, or to the benefit of, a children’s short-term pension for 3 months after the death and then a children’s long-term pension.

(2) If at the time of his death a man was entitled to preserved benefits and he leaves one or more eligible children, they are, subject to paragraphs (4) and (5), entitled to, or to the benefit of, a children’s long-term pension.

(3) No children’s short-term pension is payable while a widow’s short-term pension is payable under regulation E5.

(4) There is no entitlement to any pension by virtue of paragraph (1)(a) or (b) or paragraph (2) if the deceased became entitled to a retirement pension by virtue of regulation E2(2).

(5) Payments in respect of a pension under this regulation shall not be made to or for the benefit of a female eligible child—

(a) while she is married or during any period of cohabitation outside marriage, or

(b) from the end of any marriage or period of cohabitation outside marriage unless the appropriate administering authority in their discretion so decide.