Surviving spouses' pensions
Surviving spouse’s short-term pension
42.—(1) If an active or pensioner member dies leaving a surviving spouse, the spouse is entitled to a short-term pension.
(2) It is payable for three months after the member’s death.
(3) But if there are eligible children in the spouse’s care, it is payable for a further three months.
(4) Where the deceased was an active member, the annual rate of short-term pension is equal to the deceased’s final pay.
(5) Where the deceased was a pensioner member, the annual rate of short-term pension is equal to his retirement pension immediately before the death (but see regulation 44).
(6) In this regulation “pensioner member” includes a person whose retirement pension has been commuted under regulation 52 (exceptional ill-health).
(7) If there is more than one surviving spouse, they become jointly entitled under paragraph (1).
Surviving spouse’s long-term pension
43.—(1) If a member dies leaving a surviving spouse, the spouse is entitled to a spouse’s long-term pension.
(2) If the deceased was an active or pensioner member, the long-term pension is payable from the end of the period for which the short-term pension is payable.
(3) The long-term pension payable on a deferred member’s death is payable from the death.
(4) If the deceased was an active member with a total membership of at least two years, the long-term pension is equal to half the ill-health pension to which the deceased would have been entitled under regulation 29 if he had become entitled to a pension under that regulation on the date he died.
(5) If the deceased was an active member with a total membership of less than two years or a deferred member, the multiplier for the long-term pension is –
(but see regulation 44).
(6) But where the deceased was a deferred member and a pension debit member, the long-term pension is equal to half the pension to which the deceased would have been entitled under regulation 26 if he had become entitled to a pension under that regulation on the date that he died (but see regulation 44).
(7) If the deceased was a pensioner member, the long-term pension is equal to half his retirement pension immediately before the date of death (but see regulation 44).
(8) For the purposes of this regulation –
(a)any increase in the pensioner member’s retirement pension made under regulation 57(2);
(b)any reduction in that pension under regulation 33 or 36 (surrender); and
(c)any loss of that pension as a result of an election made under regulation 31,
shall be disregarded.
(9) If there is more than one surviving spouse, they become jointly entitled under paragraph (1).
Reduction of some surviving spouses' pensions
44.—(1) Where a male pensioner member or deferred member marries and dies, the pension to which his widow is entitled under regulation 42 or 43 is calculated as if his retirement pension were only so much of his actual pension as is attributable to the period of his membership in contracted-out employment after 5th April 1978.
(2) Except in the case of a short term pension payable to the widower of an active member, the pension to which a widower is entitled under regulation 42 or 43 is calculated as if the member’s retirement pension were only so much of her actual pension as is attributable to her membership after 5th April 1988.
(3) But relevant additional membership also counts as membership after 5th April 1988, where the widower was married to the member at some time while she was in local government employment after 31st March 1972.
(4) Relevant additional membership is membership –
(a)forming the enhanced element of a member’s total period of membership by virtue of a retirement to which regulation 30 applied after 5th April 1988;
(b)added by virtue of a resolution under Chapter II of Part III or regulation 130 or under the Transitional Regulations after that date;
(c)counted by reason of a payment made under Chapter III of Part III or paragraph 7 of Schedule 4 after that date (or treated by the Transitional Regulations as so made);
(d)treated as membership after 5th April 1988 by virtue of the 2000 Regulations; or
(e)attributable to a transfer value accepted by the Scheme after 5th April 1988.
Surviving spouse’s guaranteed minimum pension
45.—(1) If the guaranteed minimum pension rule applies, the pension to which a person is entitled under regulation 42 or 43 must be not less than the surviving spouse’s guaranteed minimum.
(2) The guaranteed minimum pension rule applies if –
(a)the employment in which the deceased was a member was contracted-out employment; and
(b)he had a guaranteed minimum in relation to benefits under these Regulations.
(3) Paragraph (1) overrides any contrary provision in these Regulations except–
(a)regulation 51 (commutation of small pensions);
(b)regulation 114 (forfeiture); and
(c)regulation 115 (interim payments directions).