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Regulation 140 Annual rate of surviving adult pension: short-termI1

Scotland

(1)

The short-term rate of surviving adult pension—

(a)

applies if a member (D) dies in service or dies as a pensioner member; and

(b)

is payable for the first 3 months after D’s death.

(2)

The short-term rate is calculated as follows—

(a)

if D dies in service, it is D’s annual rate of pensionable earnings as at the date of D’s death (disregarding any reduction by reason of sick leave, maternity leave, paternity leave, F1shared parental leave F2, parental bereavement leave or adoption leave);

(b)

if D dies as a pensioner member, it is D’s annual rate of retirement pension as at the date of D’s death; or

(c)

if the rate calculated under sub-paragraph (a) or (b) is smaller than the annual rate calculated in accordance with regulation 141 (“long-term rate”), it is the same as the long-term rate.

(3)

In this regulation, “annual rate of retirement pension” means annual rate of phased retirement earned pension or annual rate of full retirement earned pension.

Annotations

Textual amendments

F1

Words in reg. 140(2)(a) substituted (1.4.2015) by The Teachers’ Pension Scheme (Scotland) Amendment Regulations 2015 (S.S.I. 2015/97), regs. 1, 12

F2

Words in reg. 140(2)(a) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 34(7)

Commencement

I1

Reg. 140 in force at 1.4.2015, see reg. 1(2)(b)