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This is the original version (as it was originally enacted).
59(1)This rule applies where amount A is less than amount B for any part of the 3 month period following the death of a participating member or a scheme pensioner.
(2)Amount A is the total of—
(a)the amount of partner’s pension to be paid to the surviving partner for the 3 month period (or the relevant part of it), and
(b)the amount of children’s pension to be paid to the surviving partner for the 3 month period (or the relevant part of it) on condition that the partner applies it for the benefit of an eligible child.
(3)Amount B is—
(a)where the deceased was a participating member, the amount of the salary payments which would have been paid for the 3 month period (or the relevant part of it) if the deceased had lived and had continued to be paid the same salary, or
(b)where the deceased was a scheme pensioner, the amount of scheme pension which would have been payable for the 3 month period (or the relevant part of it) if the deceased had lived.
(4)Where this rule applies, the partner’s pension is to be increased by the difference between amount A and amount B.
(5)An individual who dies while being both—
(a)a participating member, and
(b)a scheme pensioner whose pension payments are suspended under rule 41,
is to be treated for the purposes of this rule as a participating member.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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