The National Health Service Superannuation Scheme (Scotland) Regulations 2011

Dependent surviving civil partner’s pension

G11.—(1) A member who has formed a civil partnership may, by giving notice in writing to the Scottish Ministers prior to leaving pensionable employment, nominate the other party to the civil partnership to receive a dependent surviving civil partner’s pension on the member’s death.

(2) The Scottish Ministers will accept a member’s nomination only if they are satisfied that the member’s civil partner is permanently incapable of earning a living because of physical or mental infirmity and is wholly or mainly dependent on the member.

(3) If the Scottish Ministers have accepted a member’s nomination and the member subsequently dies before the other party to the civil partnership, the dependent surviving civil partner is entitled to a dependent surviving civil partner’s pension.

(4) The dependent surviving civil partner’s pension will be calculated in the same way as a widow’s pension under regulations G1 to G6, but based only on the member’s pensionable service before 6th April 1988.

(5) If the Scottish Ministers have accepted a member’s nomination for a dependent surviving civil partner’s pension and the member’s pensionable service started before 6th April 1988 any lump sum payable to the member will be reduced by an amount equal to 1.4 times the yearly rate of the part of the member’s pension that is based on pensionable service before 6th April 1988 (except to the extent that any reduction has been off-set under regulation Q2 (right to buy an unreduced retirement sum)).

(6) Where regulation E2(10), regulation E3(10) or regulation E12(10) applies to a member who has formed a civil partnership, any reference in those regulations to a lump sum payable on retirement means, in relation to a member to whom paragraph (5) of this regulation refers, a lump sum which is not reduced as described in that paragraph.