The Police Pensions (Scotland) Regulations 2007

Survivors

40.—(1) For the purposes of regulation 39 a survivor shall mean–

(a) a person who at the time of the death of the officer concerned was that officer’s spouse, civil partner or, subject to paragraph (2), other adult partner (“an adult survivor”);

(b) a child (“a child survivor”) who is–

(i) a natural child, step-child or adopted child of the officer concerned (including a child conceived before the officer’s death and born after that death to a person mentioned in sub-paragraph (a)); or

(ii) any other child who at the time of the death of the officer concerned was substantially dependent, financially or by reason of permanent disablement, on the officer.

(2) An adult partner other than a spouse or civil partner shall not be entitled to a pension under these Regulations unless–

(a) the police officer concerned had made and sent to the police authority of the force in which the officer was then serving or by whom that officer’s pension was or would be payable a declaration, signed by the police officer and the adult partner concerned, that–

(i) the police officer and the adult partner concerned were cohabiting as partners in an exclusive, committed and long-term relationship;

(ii) the adult partner was financially dependent on the officer or they were financially interdependent; and

(iii) the officer and the adult partner were both free to marry each other (where they are of opposite sex) or to form a civil partnership with each other (where they are of the same sex),

and the police officer had acknowledged an obligation to send to the police authority a signed notice of revocation should the relationship terminate and had not revoked that declaration before that officer’s death; and

(b) the surviving adult partner has submitted a claim in writing to the police authority by whom such a pension would be payable and satisfied the authority–

(i) that the circumstances mentioned in sub-paragraph (a)(i), (ii) and (iii) continued to subsist at the time of the officer’s death; and

(ii) that the period of cohabitation mentioned in sub-paragraph (a)(i) had been of at least 2 years' duration at the time of the officer’s death.

(3) The police authority may in their discretion accept a shorter period of cohabitation than that mentioned in paragraph (2)(b)(ii) where they are satisfied, in the particular circumstances of the case, that it is likely that the police officer and the adult partner concerned would have cohabited as partners for at least 2 years had the police officer not died.

(4) Upon receipt of a declaration or notice of revocation of such a declaration made in accordance with paragraph (2)(a), the police authority shall forthwith send to the officer concerned a written notification of its receipt.