# Scottish Parliamentary Pensions Act 2009, Paragraph 61


(1) The Fund trustees may pay a lump sum (a “partner's trivial lump sum”) to an individual who is entitled to a partner's pension if the following conditions are met—
Condition 1
The individual applies to the Fund trustees for payment of a partner's trivial lump sum instead of a partner's pension.
Condition 2
No payment relating to the deceased has been made to the individual by way of—
(a)a partner's pension, or
(b)a death in service lump sum.
Condition 3
The individual is not entitled to receive pension payments under rule 69.
Condition 4
The Fund trustees are satisfied that, if paid, the partner's trivial lump sum would be a “trivial commutation lump sum death benefit” for the purposes of Part 2 of Schedule 29 to the Finance Act 2004 (c. 12).
(2) The amount of a partner's trivial lump sum is to be an amount equal to the value of the individual's scheme benefits (as determined by the Fund trustees).
(3) Such a determination must be—
(a) certified by the scheme actuary, or
(b) made in accordance with guidance or tables prepared by the scheme actuary.
(4) Payment of a partner's trivial lump sum extinguishes all the individual's rights to receive scheme benefits in respect of the deceased.

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Source: https://www.legislation.gov.uk/asp/2009/1/schedule/1/paragraph/61 (the official version)
Page: https://openlegislation.uk/scottish-parliamentary-pensions-act-2009/schedule-1/paragraph-61
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

