- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
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143.—(1) This regulation applies on the death of a member (D) if—
(a)D is qualified or re-qualified for retirement benefits;
(b)the scheme manager accepted an election for an additional (self only) pension and an additional (surviving adult) pension in respect of D;
(c)an additional pension account was established in respect of D; and
(d)that account specified an amount of additional pension immediately before D’s death.
(2) From the day after D’s death, an additional (surviving adult) pension becomes payable to D’s surviving adult.
(3) An additional (surviving adult) pension is payable for life.
144.—(1) The short-term rate of additional (surviving adult) pension—
(a)applies if a member (D) dies in service or dies as a pensioner member; and
(b)is payable for the first 3 months after D’s death.
(2) The short-term rate is calculated as follows—
(a)if D dies in service, it is the annual rate of additional (self only) pension payable as at D’s death; or
(b)if D dies as a pensioner member—
(i)where a phased retirement pension became payable before D’s death, it is the annual rate of additional (self only) pension which would have been payable as at D’s death if D had applied under regulation 91 to receive additional pension with the phased retirement earned pension; and
(ii)where a retirement pension other than a phased retirement pension became payable before D’s death, it is the annual rate of additional (self only) pension payable as at D’s death.
(3) Part 2 of Schedule 2 makes further provision in relation to payment of additional pension in respect of a member who dies in service.
145.—(1) The long-term rate of additional (surviving adult) pension applies—
(a)if a member (D) dies out of service; or
(b)otherwise, when the short-term rate ceases to be payable.
(2) The long-term rate of additional (surviving adult) pension is half the annual rate of additional (self only) pension payable as at the date of D’s death.
(3) If a pension-sharing order has taken effect, the long-term rate must be reduced by the same proportion by which D’s annual rate of retirement pension as at the date of D’s death was reduced or would have been reduced by that pension sharing order.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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