The Local Government Superannuation (Scotland) Amendment Regulations 1993

Death benefits

29.  Regulation L6 of the principal Regulations is amended–

(a) by substituting for paragraphs (1) and (2) the following paragraphs:–

“(1) If a person to whom this Part applies dies as a result of the injury or disease–

(a) if that person leaves a widower or widow who qualifies under paragraph (2), he or she shall be entitled to an annual allowance or lump sum, and

(b) if that person leaves a dependant, the dependant shall be eligible for an annual allowance or lump sum.

(2) A widower or widow qualifies for an annual allowance or lump sum unless–

(a) his or her marriage to the person in question took place after that person ceased to be employed in relevant employment and that person was not subsequently employed in such employment, or

(b) at the date of death he or she was cohabiting with another person as man and wife.”;

(b) by substituting for paragraph (5) the following paragraphs:–

“(5) Except where paragraph (5A) applies, an allowance to a widower or widow shall cease if he or she remarries or cohabits with another person as man and wife, but if he or she again becomes a widower or widow or the marriage is dissolved or the cohabitation ceases the relevant body may restore the allowance for such period as they may determine.

(5A) Where a widower and a widow who are each entitled to an allowance under this regulation marry each other or cohabit with each other outside marriage, only such one of them as the widower and widow may determine shall be entitled to his or her allowance and the other shall cease to be entitled to his or her allowance until the dissolution of the marriage, the ending of the cohabitation, or the death of the widower or widow.”; and

(c) by deleting paragraph (7).