The Police Pensions (Scotland) Regulations 2007

Survivors' pensions – general provision

39.  Subject to and in accordance with the provisions of these Regulations, where a regular police officer dies or has died–

(a) while the officer is in receipt of an ordinary pension, an ill-health pension or a deferred pension;

(b) after the officer has ceased to serve as such in circumstances where no transfer value was paid in respect of that officer’s service and the officer is entitled to a deferred pension, whether or not that pension has come into payment;

(c) while the officer is serving as such and fulfils the qualifying service criterion and no election under regulation 9 has effect at the time of that officer’s death; or

(d) while the officer is serving as such and, having made an election under regulation 9 which has effect at the time of that officer’s death, the officer is entitled to a deferred pension,

a survivor such as is mentioned in regulation 40 shall be entitled to a pension calculated in the case of an adult survivor in accordance with regulation 41 and in the case of a child survivor in accordance with regulation 42.