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The Police Pensions (Scotland) Regulations 2007

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Lump sum death grant

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46.—(1) On the death of a person while serving as a regular police officer a lump sum death grant becomes payable unless an election under regulation 9 not to pay pension contributions had effect at the time of the death.

(2) The grant is payable whether or not any adult survivor’s pension or death gratuity to a dependant of the officer or that officer’s estate is payable under regulation 39, 44 or 45 respectively.

(3) The amount of the grant is 3 times that of the deceased officer’s pensionable pay, expressed as an annual rate–

(a)at the time of death, or

(b)if the officer was then absent from duty without pay, immediately before that absence began.

(4) The grant is to be paid–

(a)to any surviving spouse or surviving civil partner who qualifies for it; or

(b)if no person is qualified under sub-paragraph (a), and if the police authority in their discretion so decide, to a surviving adult partner where the requirements of regulation 40(2)(a) and (b) are met;

(c)if no payment is made under sub-paragraph (a) or (b), and if the police authority in their discretion so decide, to a person in respect of whom a nomination by the officer in accordance with regulation 47 had effect at the time of their death; or

(d)otherwise, if the police authority in their discretion decide, to the officer’s legal personal representative.

(5) A surviving spouse or surviving civil partner qualifies for the grant unless at the time of the death–

(a)the deceased officer and that officer’s spouse or, as the case may be, civil partner were separated by an order or decree of a competent court; and

(b)the deceased officer was not required by such an order to contribute, and was not in fact regularly contributing, to the support of the spouse or civil partner or to the spouse or civil partner for the support of a child of the spouse or civil partner.

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