The Police Pensions (Miscellaneous Amendments) (Scotland) Regulations 2016

Amendment of the Police Pensions Regulations 1987

12.  In Part I of Schedule C (widow’s ordinary pension)—

(a) in paragraph 1—

(i) in sub-paragraph (2A), for “a widower” substitute “the surviving spouse”;

(ii) in sub-paragraph (2B), after “payable to” insert “a woman who is the surviving spouse or who is”;

(iii) after sub-paragraph (2B), insert—

“(2BA) Where—

(a) a female police officer who has died was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b) at the time of her death the female police officer was married to a woman and that marriage subsisted before the time when the certificate was issued,

the widow of the female police officer is to be treated for the purposes of this Part as if the certificate had not been issued.”; and

(iv) in sub-paragraph (2C), after “regulation C1 to” insert “a man who is the surviving spouse or who is”; and

(b) in paragraph 3, for “man” substitute “surviving spouse”.