The Local Government Pension Scheme (Scotland) Regulations 1998 No. 366 (S. 14)

PART II PRIMARY PROVISIONS

CHAPTER IV BENEFITS

Surviving spouses' pensions

Surviving spouse’s short-term pension

39.—(1) If an active or pensioner member dies leaving a surviving spouse, the spouse is entitled to a short-term pension.

(2) It is payable for three months after the member’s death.

(3) However, if there are eligible children in the spouse’s care, it is payable for a further three months.

(4) Where the deceased was an active member, the short-term pension is greater of–

(a) the deceased’s final pay; or

(b)

(5) Where the deceased was a pensioner member, the short-term pension is equal to his retirement pension immediately before the death (but see regulation 41).

(6) In this regulation “pensioner member” includes a person whose retirement pension has been commuted under regulation 49 (exceptional ill-health).

(7) If there is more than one surviving spouse, they become jointly entitled under paragraph (1).