{
  "url": "https://openlegislation.uk/scottish-parliamentary-pensions-act-2009/schedule-1/paragraph-59",
  "json_url": "https://openlegislation.uk/scottish-parliamentary-pensions-act-2009/schedule-1/paragraph-59.json",
  "legislation": "asp/2009/1",
  "legislation_title": "Scottish Parliamentary Pensions Act 2009",
  "legislation_url": "https://openlegislation.uk/scottish-parliamentary-pensions-act-2009",
  "path": "schedule/1/paragraph/59",
  "kind": "paragraph",
  "number": "59",
  "heading": null,
  "text": "(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.\n(2) Amount A is the total of—\n(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\n(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.\n(3) Amount B is—\n(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\n(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.\n(4) Where this rule applies, the partner's pension is to be increased by the difference between amount A and amount B.\n(5) An individual who dies while being both—\n(a) a participating member, and\n(b) a scheme pensioner whose pension payments are suspended under rule 41,\nis to be treated for the purposes of this rule as a participating member.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2009/1/schedule/1/paragraph/59",
    "retrieved_at": "2026-10-29T20:15:42.892423+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."
}