# The Local Government Pension Scheme (Scotland) Regulations 1998, Regulation 42: Surviving spouse’s guaranteed minimum pension

Extent: E+W+S
Status: prospective

(1) If paragraph (2) applies, the pension to which a person is entitled under regulation 39 or 40 must be not less than the surviving spouse’s guaranteed minimum.
(2) This paragraph applies if–
(a) the employment in which the deceased was a member was contracted-out employment; and
(b) he had a guaranteed minimum in relation to benefits under these Regulations.
(3) Paragraph (1) overrides any contrary provision in these Regulations except–
(a) regulation 48 (commutation: small pensions);
(b) regulation 111 (forfeiture); and
(c) regulation 112 (interim payments directions).

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Source: https://www.legislation.gov.uk/uksi/1998/366/regulation/42 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998/regulation-42
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.