The Police Pensions (Miscellaneous Amendments) (Scotland) Regulations 2019

Amendment of the Police Pension Scheme (Scotland) Regulations 2015

54.  In regulation 146 (persons who may be paid lump sum death grant)—

(a) in paragraph (2)(b)(i), for “the declaration under” substitute “paragraph (1)(b)(i) to (v) of”,

(b) in paragraph (4), for “If a lump sum death grant” substitute “Subject to paragraph (5A), if a lump sum death grant”,

(c) in paragraph (5), for “If a lump sum death grant” substitute “Subject to paragraph (5A), if a lump sum death grant”, and

(d) after paragraph (5), insert—

“(5A) Unless paragraph (5B) applies, the scheme manager must pay a grant to a person of the description in paragraph (2) if a grant was paid to a different person under paragraph (4) or (5) before this paragraph came into force.

(5B) This paragraph applies where the scheme manager is of the opinion that the person of the description in paragraph (2) has benefited from all of the grant paid under paragraph (4) or (5).

(5C) The amount of a grant payable under paragraph (5A) is an amount up to the amount calculated under regulation 149 (meaning of “final pay”), but the scheme manager may pay such lower amount as considered appropriate in all the circumstances if the scheme manager is of the opinion that the person has benefited from some of the grant paid under paragraph (4) or (5).”.