150.—(1) This regulation applies in relation to a person (P) who is the surviving spouse or civil partner of a deceased active, deferred or pensioner member has a guaranteed minimum under section 13 M1 of the 1993 Act in relation to the member's benefits under this scheme.
(2) Nothing in these Regulations permits or requires anything that would cause requirements under the 1993 Act that relate to such a person or that relate to the rights of such a person not to be met in relation to P;
(3) Nothing in these Regulations prevents anything from being done which is necessary or expedient for the purpose of meeting such requirements in the case of P;
(4) The following paragraphs are without prejudice to the generality of paragraphs (2) and (3).
(5) If apart from this regulation a pension would be payable to P under this Part—
(a)a pension the weekly rate of which is equal to the guaranteed minimum is payable to P for life; or
(b)pensions the aggregate weekly rate of which is equal to the guaranteed minimum are so payable.
(6) If apart from this regulation the weekly rate of a pension payable to P under this Part would be less than the guaranteed minimum, the pensions payable are increased to the amount specified in paragraph (5).
(7) Paragraphs (5) and (6) do not apply to a pension that is—
(a)forfeited as a result of a conviction for treason; or
(b)forfeited under regulation 206 where the relevant offence within the meaning of that regulation is an offence under the Official Secrets Acts 1911 to 1989 [F1or an applicable offence under the National Security Act 2023] M2.
Textual Amendments
F1Words in reg. 150(7)(b) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023 (S.I. 2023/1267), reg. 1(2), Sch. para. 51(3)
Marginal Citations
M1Section 13 was amended by the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) Art.3(1), Sch.1 para.42, the Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order (Northern Ireland) 2005 (S.R. 2005 No. 433) Sch.1 para.5, the Child Support, Pensions and Social Security Act (Northern Ireland) (2000 c.4) sections.52, 67, Sch. 5 Pt. 1 para.1 and Sch.3 Pt.3(4), the Pensions (Northern Ireland) Order 2005 (S.R. 2005 No. 255) Art.261(2) and the Pensions Act (Northern Ireland) 2008 (c.1.(N.I.))
M21989 c.6: see section 16(2) for the meaning of “Official Secrets Acts 1911 to 1989”.