{
  "url": "https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998/regulation-40",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998/regulation-40.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/40",
  "kind": "regulation",
  "number": "40",
  "heading": "Surviving spouse’s long-term pension",
  "text": "(1) If a member dies leaving a surviving spouse, the spouse is entitled to a spouse’s long-term pension.\n(2) If the deceased was an active or pensioner member, the long-term pension is payable from the end of the period for which the short-term pension is payable.\n(3) The long-term pension payable on a deferred member’s death is payable from the death.\n(4) If the deceased was an active member with a total membership of at least two years, the long-term pension is equal to half the ill-health pension to which the deceased would have been entitled under regulation 26 if he had become entitled to a pension under that regulation on the date he died.\n(5) If the deceased was an active member with a total membership of less than two years or a deferred member, the multiplier for the long-term pension is–\nthe deceased's total membership160 (but see regulation 41).\n(6) If the deceased was a pensioner member, the long-term pension is equal to half his retirement pension immediately before the death (but see regulation 41).\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. 40 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": "inserted",
      "affecting": "ssi/2001/23",
      "affecting_title": "The Local Government Pension Scheme (Pension Sharing on Divorce) (Scotland) Regulations 2001"
    },
    {
      "type": "am",
      "affecting": "ssi/2006/468",
      "affecting_title": "The Local Government Pension Scheme (Scotland) Amendment (No. 2) Regulations 2006"
    },
    {
      "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/40",
    "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."
}