SCHEDULE 1Scottish Parliamentary Pension Scheme
Part JSurviving partners and children
Chapter 2Partner’s pension etc.
59Enhancement of initial partner’s pension
1
This rule applies where amount A is less than amount B for any part of the 3 month period following the death of a participating member or a scheme pensioner.
2
Amount A is the total of—
a
the amount of partner’s pension to be paid to the surviving partner for the 3 month period (or the relevant part of it), and
b
the amount of children’s pension to be paid to the surviving partner for the 3 month period (or the relevant part of it) on condition that the partner applies it for the benefit of an eligible child.
3
Amount B is—
a
where the deceased was a participating member, the amount of the salary payments which would have been paid for the 3 month period (or the relevant part of it) if the deceased had lived and had continued to be paid the same salary, or
b
where the deceased was a scheme pensioner, the amount of scheme pension which would have been payable for the 3 month period (or the relevant part of it) if the deceased had lived.
4
Where this rule applies, the partner’s pension is to be increased by the difference between amount A and amount B.
5
An individual who dies while being both—
a
a participating member, and
b
a scheme pensioner whose pension payments are suspended under rule 41,
is to be treated for the purposes of this rule as a participating member.