The Police Pension Scheme (Scotland) Regulations 2015

Entitlement to surviving adult’s pension

127.—(1) This regulation applies in relation to a member who was at the date of death—

(a) an active member of this scheme with at least 2 years’ qualifying service;

(b) a deferred member of this scheme; or

(c) a pensioner member of this scheme.

(2) The surviving adult of the member is entitled to immediate payment for life of a surviving adult’s pension as follows—

(a) if the member was entitled to payment for life of a retirement earned pension at the date of the member’s death, or would have become entitled to such a pension had the member not died, a surviving adult’s earned pension;

(b) if the member was entitled to payment for life of a lower tier ill-health pension at the date of the member’s death, a surviving adult’s lower tier ill-health pension;

(c) if the member was entitled to payment for life of both a lower tier ill health pension and an enhanced upper tier ill-health pension at the date of the member’s death, a surviving adult’s lower tier ill-health pension and a surviving adult’s enhanced upper tier ill-health pension;

(d) if the member was entitled to payment for life of a retirement added (all beneficiaries) pension at the date of the member’s death or would have become entitled to such a pension had the member not died, a surviving adult’s added pension.

(3) The scheme manager may in its discretion withhold a surviving adult’s pension that would otherwise be payable to a surviving spouse if the member and the surviving spouse were married less than 6 months before the member’s death.

(4) The scheme manager may in its discretion withhold a surviving adult’s pension that would otherwise be payable to a surviving civil partner if the civil partnership was formed less than 6 months before the member’s death.

(5) Paragraphs (3) and (4) are subject to regulation 141 (guaranteed minimum pensions for surviving spouses and civil partners).