# Scottish Parliamentary Pensions Act 2009, Paragraph 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.
(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.

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Source: https://www.legislation.gov.uk/asp/2009/1/schedule/1/paragraph/59 (the official version)
Page: https://openlegislation.uk/scottish-parliamentary-pensions-act-2009/schedule-1/paragraph-59
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.