{
  "url": "https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998/regulation-39",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998/regulation-39.json",
  "legislation": "uksi/1998/366",
  "legislation_title": "The Local Government Pension Scheme (Scotland) Regulations 1998",
  "legislation_url": "https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998",
  "path": "regulation/39",
  "kind": "regulation",
  "number": "39",
  "heading": "Surviving spouse’s short-term pension",
  "text": "(1) If an active or pensioner member dies leaving a surviving spouse, the spouse is entitled to a short-term pension.\n(2) It is payable for three months after the member’s death.\n(3) However, if there are eligible children in the spouse’s care, it is payable for a further three months.\n(4) Where the deceased was an active member, the short-term pension is greater of–\n(a) the deceased’s final pay; or\n(b) (3 × his final pay)80×his total membership.\n(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).\n(6) In this regulation “pensioner member” includes a person whose retirement pension has been commuted under regulation 49 (exceptional ill-health).\n(7) If there is more than one surviving spouse, they become jointly entitled under paragraph (1).",
  "extent": "E+W+S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 39 in force at 1.4.1998, see reg. 1"
    }
  ],
  "outstanding_effects": [
    {
      "type": "coming into force",
      "affecting": "uksi/1998/366",
      "affecting_title": "The Local Government Pension Scheme (Scotland) Regulations 1998"
    },
    {
      "type": "amended",
      "affecting": "ssi/2000/199",
      "affecting_title": "The Local Government Pension Scheme (Scotland) Amendment Regulations 2000"
    },
    {
      "type": "am",
      "affecting": "ssi/2009/186",
      "affecting_title": "The Local Government Pension Scheme Amendment (Increased Pension Entitlement) (Scotland) Regulations 2009"
    },
    {
      "type": "am (cross–heading subst)",
      "affecting": "ssi/2005/554",
      "affecting_title": "The Local Government Pensions Etc. (Civil Partnership) (Scotland) Amendment Regulations 2005"
    },
    {
      "type": "am",
      "affecting": "ssi/2005/554",
      "affecting_title": "The Local Government Pensions Etc. (Civil Partnership) (Scotland) Amendment Regulations 2005"
    },
    {
      "type": "am (heading am)",
      "affecting": "ssi/2005/554",
      "affecting_title": "The Local Government Pensions Etc. (Civil Partnership) (Scotland) Amendment Regulations 2005"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/366/regulation/39",
    "retrieved_at": "2026-10-29T11:37:18.437535+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}