The Local Government Superannuation (Scotland) Regulations 1987

Entitlement to widow’s short-term and long-term pensions

E5.—(1) If at the time of his death a man—

(a) was entitled to receive payments in respect of a retirement pension, or

(b) would have been so entitled but for the operation of regulation E15 (reduction of certain retirement pensions), or

(c) was in a local government employment and—

(i) the total of his reckonable service and any qualifying service when added together amounted to not less than 5 years, or

(ii) he would if he had then ceased to be employed otherwise than by reason of his death have become entitled to benefits by virtue of regulation E21(1)(d),

and he leaves a widow or widows she is, or as the case may be they are jointly, entitled, subject to paragraphs (3) to (5), to a widow’s short-term pension for 3 months after his death and then to a widow’s long-term pension.

(2) If at the time of his death a man was entitled to preserved benefits and he leaves a widow or widows she is, or as the case may be they are jointly, entitled, subject to paragraphs (3) to (5), to a widow’s long-term pension.

(3) A widow is not entitled to any pension by virtue of paragraph (1) or (2) if when her husband died or became entitled to a retirement pension she was judicially separated from him.

(4) A widow is not entitled to any pension by virtue of paragraph (1)(a) or (b) or paragraph (2) if—

(a) she was not her husband’s wife at some time while he was in local government employment after 31st March 1972 and before the date on which he became entitled to a retirement pension, or

(b) her husband became entitled to a retirement pension by virtue of regulation E2(2).

(5) Where but for paragraph (4)(a) a widow would have been entitled—

(a) under paragraph (1) to a widow’s short-term pension and to a widow’s long-term pension, or

(b) under paragraph (2) to a widow’s long-term pension,

she is entitled, where sub-paragraph (a) applies to a short-term pension and a long-term pension and where sub-paragraph (b) applies to a long-term pension only, calculated in each case in accordance with regulation E6(4).

(6) A pension to which a widow is entitled by virtue of this regulation—

(a) is not payable to her during any subsequent marriage or any period of cohabitation outside marriage, and

(b) is payable from the end of any such marriage or period only if the appropriate administering authority in their discretion so decide.