60. In regulation 15 (payments by the Scottish Ministers)—
(a)for paragraph (1), substitute—
“(1) Where an authorised provider or a selected authorised provider fails to pay a benefit referred to in regulation 11(1) or a lump sum benefit referred to in regulation 12, the Scottish Ministers are liable to pay that amount.”;
(b)in paragraph (3)—
(i)for “regulations 11(1B), 11(1C), 11(4), or under regulations 11(7) or 12 ” substitute “regulation 11(8)(f) and (11) and regulation 12”; and
(ii)for sub-paragraph (b) of paragraph (3), substitute—
“(b)to the deceased’s personal executors if—
(i)there is no spouse, nominated partner or civil partner; or
(ii)a notice has been given in accordance with any of the provisions referred to in paragraph (3A) that the spouse, nominated partner or civil partner is not to receive the payment.”;
(c)after paragraph (3), insert—
“(3A) The provisions referred to in paragraph (3)(b) are—
(a)regulation F5 of the 2011 Regulations (payment of lump sum);
(b)regulation 2.E.22 or 3.E.22 of the 2013 Regulations (payment of lump sum on death);
(c)regulation 111 of the 2015 Regulations (lump sum on death);
(d)paragraph 11 of Schedule 2.”;
(d)for paragraph (4), substitute—
“(4) Lump sums payable under regulation 11(1)(b),(c) and (d) and regulation 14(1) must be paid to the participator.”;
(e)in paragraph (9), for the words from “regulations E1” to “applies” substitute “the provisions referred to in paragraph (9A)”;
(f)after paragraph (9), insert—
“(9A) Those provisions are—
(a)Part E of the 2011 Regulations (benefits for members and preserved pension);
(b)regulation 2.D.1, 2.D.4, 2.D.5, 2.D.8, 2.D.10, 2.D.11, 3.D.1, 3.D.4, 3.D.5, 3.D.7 or 3.D.9 of the 2013 Regulations (normal retirement pensions, actuarially reduced pensions, ill health pensions and early retirement pensions);
(c)regulation 72, 78, 80, 81, 83, 89 or 93 of the 2015 Regulations (age retirement, early retirement, partial retirement and ill-health pensions).”; and
(g)in paragraph (10)—
(i)at the end of sub-paragraph (a), omit “or”; and
(ii)after sub-paragraph (b) insert—
“or
(c)regulation 108 of the 2015 Regulations (option for members in serious ill-health to exchange pension for lump sum),”.