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The Police Pensions Amendment (Increased Pension Entitlement) (Scotland) Regulations 2009

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Amendment of the Police Pensions Regulations 1987

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3.  In regulation E8 (increase of widow’s pension or child’s allowance during first 13 weeks)–

(a)for paragraph (2) substitute–

(2) A widow’s pension to which this Regulation applies shall, so far as necessary, be increased in respect of the first 13 weeks after which it is payable so as to secure that, in respect of each such week, the aggregated amount of the pension and of any children’s allowances payable in respect of the same person’s death is not less than–

(a)in the case mentioned in paragraph (1)(a), the policeman’s relevant emoluments for a week immediately before he died; or

(b)in the case mentioned in paragraph (1)(b)–

(i)the weekly amount of his pension together with any increase therein, immediately before he died, under the Pensions (Increase) Acts; and

(ii)where he was, immediately before he died, entitled to an Increased Pension Entitlement, the weekly amount of his Increased Pension Entitlement.; and

(b)after paragraph (2A) insert–

(2B) For the purposes of paragraph (2)(b)–

(a)there shall be disregarded any reduction in the member’s pension in consequence of Part VIII of Schedule B (reduction of pension related to uprating of widow’s pension) or his entitlement to any additional benefit within the meaning of paragraph 4 of Part V of that Schedule (member’s injury award); and

(b)where the member died while in receipt of both an ordinary, short service or ill health pension and of an injury pension, the reference therein to the weekly amount of his pension shall be construed as a reference to the aggregate weekly amount of those pensions..

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