Local Government Pension Scheme Regulations (Northern Ireland) 2002

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).