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Scottish Parliamentary Pensions Act 2009

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This is the original version (as it was originally enacted).

Partner’s trivial lump sum
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61(1)The Fund trustees may pay a lump sum (a “partner’s trivial lump sum”) to an individual who is entitled to a partner’s pension if the following conditions are met—

Condition 1The individual applies to the Fund trustees for payment of a partner’s trivial lump sum instead of a partner’s pension.
Condition 2

No payment relating to the deceased has been made to the individual by way of—

(a)

a partner’s pension, or

(b)

a death in service lump sum.

Condition 3The individual is not entitled to receive pension payments under rule 69.
Condition 4The Fund trustees are satisfied that, if paid, the partner’s trivial lump sum would be a “trivial commutation lump sum death benefit” for the purposes of Part 2 of Schedule 29 to the Finance Act 2004 (c. 12).

(2)The amount of a partner’s trivial lump sum is to be an amount equal to the value of the individual’s scheme benefits (as determined by the Fund trustees).

(3)Such a determination must be—

(a)certified by the scheme actuary, or

(b)made in accordance with guidance or tables prepared by the scheme actuary.

(4)Payment of a partner’s trivial lump sum extinguishes all the individual’s rights to receive scheme benefits in respect of the deceased.

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