Scottish Parliamentary Pensions Act 2009

Chapter 2SPartner's pension etc.

PartnerS

57(1)“Partner”, in relation to any deceased individual, means—S

(a)the individual's spouse or civil partner, or

(b)where no such person survives the deceased, any individual falling within this rule.

(2)An individual falls within rule 57(1)(b) if—

(a)the deceased nominated the individual as his or her partner by giving notice to the Fund trustees at least 6 months before death, and

(b)the Fund trustees are satisfied—

(i)that the individual and the deceased lived together as if they were husband and wife or, as the case may be, civil partners for the period of 2 years which immediately preceded the deceased's death,

(ii)that neither the individual nor the deceased lived with any other person in such a relationship (or with a spouse or civil partner) during that period,

(iii)that, during that period—

(A)the individual was financially dependant on the deceased, or

(B)the individual's financial relationship with the deceased was one of mutual dependence, and

(iv)that the individual and the deceased were not, immediately before the deceased died, prevented by law from either marrying or becoming civil partners.

Partner's pensionS

58(1)A pension (a “partner's pension”) is to be paid to a surviving partner of any scheme member who dies.S

(2)The annual partner's pension so payable is 5/8ths of the deceased's scheme pension entitlement.

Enhancement of initial partner's pensionS

59(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.S

(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.

Duration of partner's pensionS

60(1)A partner's pension is payable from the day after the day on which the deceased partner died.S

(2)Pension payments need not begin unless the individual entitled to them has given the Fund trustees—

(a)notice of that entitlement, and

(b)such information as they may reasonably require—

(i)about the surviving partner's entitlement to any other pension,

(ii)to calculate their liability for a lifetime allowance charge or any other tax,

(iii)to make the payments.

This rule does not affect the date from which a partner's pension is payable.

(3)Pension payments are to continue for the rest of the surviving partner's life.

(4)Pension payments are to be made monthly in arrears (or in such other instalments of no longer than one year as the Fund trustees may determine).

Partner's trivial lump sumS

61(1)The Fund trustees may pay a lump sum (a “partner's trivial lump sum”) to an individual who is entitled to a partner's pension if the following conditions are met—S

(2)The amount of a partner's trivial lump sum is to be an amount equal to the value of the individual's scheme benefits (as determined by the Fund trustees).

(3)Such a determination must be—

(a)certified by the scheme actuary, or

(b)made in accordance with guidance or tables prepared by the scheme actuary.

(4)Payment of a partner's trivial lump sum extinguishes all the individual's rights to receive scheme benefits in respect of the deceased.