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The Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2014

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Survivor benefits

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17.—(1) Survivor pensions, in the case of a survivor of a person who became an active member of the Scheme member by virtue of regulation 5(1) (membership of the Scheme) are calculated by adding together the 2009 Scheme survivor pension and the Scheme survivor pension.

(2) Subject to paragraphs (5) to (9), 2009 Scheme survivor pensions for the purposes of paragraph (1) are calculated under the 2009 Scheme, notwithstanding the revocations effected by regulation 2 (revocation of regulations), taking account of the deceased member’s membership up to 31st March 2015 but—

(a)in the case of a death in service where a survivor benefit is payable under regulations 41 (survivor benefits: partners of active members) or 43 (survivor benefits: children of active members) of the 2014 Regulations, excluding any augmentation under regulation 20(2) (early leavers: ill-health) of the Benefits Regulations; and

(b)using the final pay calculated in accordance with regulations 8 to 11 (calculation of final pay) of the Benefits Regulations as if those Regulations are still in operation.

(3) The Scheme survivor pensions for the purposes of paragraph (1) are calculated in accordance with the 2014 Regulations.

(4) Subject to paragraphs (5) to (9), where—

(a)a member did not accrue any membership in the Scheme but had pension rights under the earlier Schemes; or

(b)a member did accrue membership in the Scheme and has pension rights under the earlier Schemes that have not been aggregated with the rights in the Scheme,

the survivor pension in respect of rights under the earlier Schemes are calculated under the earlier Schemes notwithstanding the revocations effected by regulation 2 (revocation of regulations).

(5) For the purposes of calculating eligibility of a person to survivor benefits under the 2009 Scheme and the other earlier Schemes, the definition of “eligible child” contained in Schedule 1 (interpretation) to the 2014 Regulations is substituted for the definition contained in regulation 26 (meaning of “eligible child”) of the Benefits Regulations and the corresponding provisions in other earlier Regulations.

(6) Any calculation of the survivor pension payable under the former regulations to a person specified in paragraph (7) is only to take account of membership accrued by a member after 5th April 1988.

(7) The persons referred to in paragraph (6) are—

(a)the surviving civil partner of a member where the civil partnership took place after the member’s active membership ceased;

(b)the survivor of a female married—

(i)deferred member; or

(ii)pensioner member,

where the marriage took place after the member’s active membership ceased; and

(c)a nominated cohabiting partner.

(8) Where a male deferred member or pensioner member marries and dies, any calculation of any survivor pension payable under the former regulations to a female survivor of the member is only to take account of membership accrued by the member after 5th April 1978.

(9) Membership for the purposes of paragraphs (6) and (8) includes any relevant additional membership that would have counted as membership for the purposes of regulation 44 and 44A (reduction of some surviving spouses’ pensions) of the 2002 Regulations.

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