PART EBENEFITS
Entitlement to widow’s short-term and long-term pensionsE5
1
If, at the time of his death, a man—
a
was entitled to receive payments in respect of a retirement pension; or
b
would have been so entitled but for the operation of regulation E13 (reduction of certain retirement pensions); or
c
was in a local government employment and—
i
the total of his reckonable service and any qualifying service was not less than 2 years; or
ii
he would if he had then ceased to be employed otherwise than by reason of his death have become entitled to benefits by virtue of regulation E2(1)(e),
and he leaves a widow or widows she is, or as the case may be, they are jointly, entitled, subject to paragraphs (3) to (5), to a widow’s short-term pension for 3 months after his death and then to a widow’s long-term pension.
2
If at the time of his death a man was entitled to preserved benefits and he leaves a widow or widows she is, or as the case may be, they are jointly, entitled, subject to paragraphs (3) to (5), to a widow’s long-term pension.
3
A widow is not entitled to any pension by virtue of paragraphs (1) or (2) if when her husband died or became entitled to a retirement pension she was judicially separated from him.
4
A widow is not entitled to any pension by virtue of paragraph (1)(a) or (b) or paragraph (2) if—
a
she was not her husband’s wife at some time while he was in local government employment after 31st March 1972 and before the date on which he became entitled to a retirement pension; or
b
her husband became entitled to a retirement pension by virtue of regulation E2(2).
5
Where, but for paragraph (4)(a), a widow would have been entitled—
a
under paragraph (1) to a widow’s short-term pension and to a widow’s long-term pension; or
b
under paragraph (2) to a widow’s long-term pension,
she is entitled where sub-paragraph (a) applies to a short-term pension and a long-term pension and where sub-paragraph (b) applies to a long-term pension only, calculated in each case in accordance with regulation E6(4).
6
A pension to which a widow is entitled by virtue of this regulation—
a
is not payable to her during any subsequent marriage or any period of cohabitation outside marriage; and
b
is payable from the end of any such marriage or period only if the Committee in their discretion so decide.