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25.—(1) This regulation applies in relation to a 1987 transition member with continuity of service who dies as a pensioner member of this scheme.
(2) Benefits for surviving spouses and surviving civil partners are not payable under the 1987 scheme in respect of the member.
(3) The annual rate of a surviving adult’s earned pension is the sum of—
(a)the amount calculated under regulation 129; and
(b)the amount of annual pension which would have been payable under the 1987 scheme to the member’s surviving spouse or surviving civil partner had those benefits been payable under that scheme in respect of the member.
(4) The amount of pension payable under paragraph (3)(b) is subject to the same conditions, and ceases to be payable in the same circumstances, as is the pension to which the member’s surviving spouse or surviving civil partner would have been entitled under the 1987 scheme.
26.—(1) This regulation applies in relation to a 2006 transition member with continuity of service who dies as a pensioner member of this scheme.
(2) Benefits for surviving spouses, surviving civil partners or other adult dependants are not payable under the 2006 scheme in respect of the member.
(3) The annual rate of a surviving adult’s earned pension is the sum of—
(a)the amount calculated under regulation 129; and
(b)the amount of annual pension which would have been payable under the 2006 scheme to the member’s surviving spouse, surviving civil partner or other adult dependant had those benefits been payable under that scheme in respect of the member.
(4) The amount of pension payable under paragraph (3)(b) is subject to the same conditions, and ceases to be payable in the same circumstances, as is the pension to which the member’s surviving spouse, surviving civil partner or other adult dependant would have been entitled under the 2006 scheme.
27.—(1) This regulation applies in relation to a 1987 transition member with continuity of service who dies as a deferred member of this scheme.
(2) Benefits for surviving spouses or surviving civil partners are not payable under the existing police pension scheme in respect of the member.
(3) The annual rate of a surviving adult’s earned pension is the sum of—
(a)the amount calculated under regulation 130; and
(b)the amount of annual pension which would have been payable under the 1987 scheme to the member’s surviving spouse or surviving civil partner had those benefits been payable under that scheme in respect of the member.
(4) The amount of pension payable under paragraph (3)(b) is subject to the same conditions, and ceases to be payable in the same circumstances, as is the pension to which the member’s surviving spouse or surviving civil partner would have been entitled under the 1987 scheme.
28.—(1) This regulation applies in relation to a 2006 transition member with continuity of service who dies as a deferred member of this scheme.
(2) Benefits for surviving spouses, surviving civil partners or other adult dependants are not payable under the 2006 scheme in respect of the member.
(3) The annual rate of a surviving adult’s earned pension is the sum of—
(a)the amount calculated under regulation 130; and
(b)the amount of annual pension which would have been payable under the 2006 scheme to the member’s surviving spouse, surviving civil partner or other adult dependant had those benefits been payable under that scheme in respect of the member.
(4) The amount of pension payable under paragraph (3)(b) is subject to the same conditions, and ceases to be payable in the same circumstances, as is the pension to which the member’s surviving spouse, surviving civil partner or other adult dependant would have been entitled under the 2006 scheme.
29.—(1) This paragraph applies in relation to a 1987 transition member with continuity of service—
(a)who dies as an active member of this scheme; and
(b)who has at least 2 years’ qualifying service.
(2) Benefits for surviving spouses or surviving civil partners are not payable under the existing police pension scheme in respect of the member.
(3) The annual rate of surviving adult’s earned pension payable under this scheme is the sum of—
(a)the amount calculated under regulation 131; and
(b)the amount of annual pension which would have been payable under the 1987 scheme to the member’s surviving spouse or surviving civil partner had those benefits been payable under that scheme in respect of the member.
(4) The amount of pension payable under paragraph (3)(b) is subject to the same conditions, and ceases to be payable in the same circumstances, as is the pension to which the member’s surviving spouse or surviving civil partner would have been entitled under the 1987 scheme.
30.—(1) This paragraph applies in relation to a 2006 transition member with continuity of service—
(a)who dies as an active member of this scheme; and
(b)who has at least 2 years’ qualifying service.
(2) Benefits for surviving spouses, surviving civil partners or other adult dependants are not payable under the 2006 scheme in respect of the member.
(3) The annual rate of surviving adult’s earned pension payable under this scheme is the sum of—
(a)the amount calculated under regulation 131; and
(b)the amount of annual pension which would have been payable under the 2006 scheme to the member’s surviving spouse, surviving civil partner or other adult dependant had those benefits been payable under that scheme in respect of the member.
(4) The amount of pension payable under paragraph (3)(b) is subject to the same conditions, and ceases to be payable in the same circumstances, as is the pension to which the member’s surviving spouse, surviving civil partner or other adult dependant would have been entitled under the 2006 scheme.
31.—(1) This paragraph applies in relation to a transition member with continuity of service—
(a)who dies as an active member of this scheme and has at least 2 years’ qualifying service;
(b)who dies as a deferred member of the scheme;
(c)who dies as a pensioner member of this scheme.
(2) Benefits for eligible children are not payable under the existing police pension scheme in respect of the member.
(3) The annual rate of child’s earned pension payable under this scheme is the sum of—
(a)the annual rate of child’s earned pension calculated under regulation 136; and
(b)the amount of annual pension which would have been payable under the existing police pension scheme to any eligible children of the member had those benefits been payable under the existing police pension scheme in respect of the member.
(4) The amount of pension payable under paragraph (3)(b) is subject to the same conditions, and ceases to be payable in the same circumstances, as is the pension to which the eligible child would have been entitled under the existing police pension scheme.
32.—(1) This paragraph applies in relation to a transition member with continuity of service who dies as an active member of this scheme.
(2) On the death of the member—
(a)a lump sum death grant is payable in respect of the member under regulation 151; but
(b)a death in service lump sum death grant is not payable under the existing police pension scheme.
33.—(1) This paragraph applies in relation to a transition member with continuity of service—
(a)who dies as a deferred member or pensioner member of this scheme if the death results from an injury received in the execution of duty; or
(b)who dies as a pensioner member of this scheme if the member dies within 2 years after becoming a pensioner member.
(2) The scheme manager may in its discretion grant a gratuity under both this scheme and the 2006 scheme if the conditions for payment are met under both—
(a)regulation 155 (death gratuities – dependants); and
(b)regulation 44 of the 2007 Regulations (death gratuities – dependants).
(3) The scheme manager may grant a gratuity under both this scheme and the 1987 scheme if the conditions for payment are met under both—
(a)regulation 155; and
(b)regulation E2 of the 1987 Regulations (gratuities – dependent relatives).
34.—(1) This paragraph applies in relation to a transition member with continuity of service who dies as a deferred member, pensioner member or active member of this scheme.
(2) The scheme manager may in its discretion grant a gratuity under both this scheme and the 2006 scheme if the conditions for payment are met under both—
(a)regulation 156 (death gratuity – estate); and
(b)regulation 45 of the 2007 Regulations (death gratuity – estate).
(3) The scheme manager may grant a gratuity under both this scheme and the 1987 scheme if the conditions for payment are met under both—
(a)regulation 156; and
(b)regulation E3 of the 1987 Regulations (gratuity – estate).
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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