117.—(1) This regulation applies if—
(a)a recent leaver dies leaving a surviving spouse or civil partner who has a guaranteed minimum pension under section 13 of the 1993 Act(1) in relation to benefits in respect of the recent leaver under this scheme; and
(b)the leaver has died before reaching the normal pension age.
(2) The surviving spouse or civil partner is entitled to a pension payable for life of an amount equal to the recent leaver’s guaranteed minimum pension (disregarding any additional pension).
(3) Paragraph (2) does not apply if the Department’s liability to provide a guaranteed minimum pension in respect of the surviving spouse or civil partner is discharged by the payment of a contributions equivalent premium under section 51(2) of the 1993 Act.
(4) In this Part, “recent leaver” means a person—
(a)who left pensionable service less than 12 months before the date of death;
(b)who is neither qualified for a retirement pension pursuant to regulation 72 nor is a pensioner member because of rights resulting from that employment; and
(c)in respect of whom no transfer value or refund of contributions has been paid in respect of that employment.
Section 13 was amended by the Social Security Contributions (Transfer of Functions, etc) (Northern Ireland) Order 1999 (S.I. 1999/671) Article 3(1), Schedule 1 paragraph 42; the Civil Partnership (Contracted-Out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order (Northern Ireland) 2005 (S.R. 2005 No.433) Schedule 1 paragraph 5; the Child Support, Pensions and Social Security Act (Northern Ireland) (2000 c.4 (N.I.)) sections 52, 67, Schedule 5 Part 1 paragraph 1and Schedule 3 Part 3(4); the Pensions (Northern Ireland) Order 2005 (S.R. 2005/255) and the Pensions Act (Northern Ireland) 2008 (c.1 (N.I.))