Amendment of regulation 87
60. In regulation 87, for paragraphs (4) to (9) substitute—
“(4) If a member to whom this regulation applies leaves a surviving—
(a)spouse or civil partner; or
(b)nominated partner (if the member became entitled to the pension referred to in paragraph (1) on or after 1st April 2008),
the amount of pension payable to the surviving spouse, civil partner or nominated partner shall be the aggregate of the amounts referred to in paragraphs (5) and (7).
(5) Subject to paragraph (9), the amount payable in respect of the member’s previous service shall be equal to the amount of the member’s pension (if any) that was payable when the member died.
(6) The amount referred to in paragraph (5) shall be paid for—
(a)the 3 months immediately following the member’s death; or
(b)the 6 months immediately following the member’s death if he leaves a dependent child who is dependent on the surviving spouse, civil partner or nominated partner.
(7) The amount payable in respect of the member’s later service shall be equal to the rate of the member’s superannuable pay when the member died.
(8) The amount referred to in paragraph (7) shall be paid for the 6 months immediately following the member’s death.
(9) Paragraph (5) shall not apply if the aggregate of the spouse’s or civil partner’s pension and any child allowance which would otherwise be payable under these Regulations in respect of the member’s previous service is greater.
(10) Upon expiry of the 3 month or, as the case may be, 6 month period referred to in paragraph (6), the amount of the surviving spouse's, civil partner’s or nominated partner’s pension in respect of the member’s previous service shall be the amount determined in accordance with regulation 25.
(11) Upon expiry of the 6 month period referred to in paragraph (8), the amount of the surviving spouse's, civil partner’s or nominated partner’s pension in respect of the member’s later service shall be equal to one-half of the rate of pension mentioned in paragraph (3A) that would have been payable to the member.
(12) If a member to whom this regulation applies leaves a dependent child but—
(a)does not leave a surviving spouse or civil partner; and
(b)a nominated partner pension is not payable in respect of his later service,
the child allowance, for the 6 months immediately following the member’s death, shall be equal to the aggregate of the member’s rate of superannuable pay when he died and the amount of the member’s pension (if any) that the member was receiving at that time.
(13) Subject to paragraph (14), except where a child allowance is payable at the rate mentioned in paragraph (12), the child allowance in respect of the member’s later service shall—
(a)be paid as a proportion of the rate of pension mentioned in paragraph (3A) that would have been payable to the member; and
(b)such proportion shall be determined in accordance with the circumstances as described in regulation 34 (Member dies in superannuable employment).
(14) If a member to whom this regulation applies leaves a child who was a dependent child both at the time the member’s previous service was terminated and when the member died, any child allowance payable under these Regulations shall be calculated according to—
(a)regulation 35 (Member dies after pension becomes payable) in respect of the pension already in payment; and
(b)regulation 34 in respect of later superannuable employment.
(15) If the aggregate of the superannuable service used in the calculation referred to in paragraph (14)(a) and that used in the calculation referred to in paragraph (14)(b) (“the member’s aggregated service”) is less than 10 years, additional service will be allocated to the later period of superannuable employment for the purpose of the calculation under regulation 34.
(16) The amount of additional service referred to in paragraph (15) is the difference between 10 years superannuable service and the member’s aggregated service.”.