The Local Government Superannuation Regulations 1986

Pensions of widowers etc

E12.—(1) Where a woman who is a pensionable employee—

(a) has no husband but has a potentially eligible child, or

(b) having a husband who is permanently incapacitated by reason of ill health or infirmity of mind or body and wholly or mainly dependent on her, so elects,

regulations E3 (amount of retirement pension and retiring allowance) and E5 to E10 (widows' and childrens' pensions) apply in relation to her as if she were a man and, where sub-paragraph (b) applies, as if her husband were a woman.

(2) Where either of the conditions in paragraph (1)(a) and (b) has become satisfied, regulations E5 to E10 do not apply so as to confer any rights on a woman's husband by, or any potentially eligible child she acquires by virtue of or during, a subsequent marriage unless—

(a) her husband by that marriage is permanently incapacitated by reason of ill-health or infirmity of mind or body and wholly or mainly dependent on her, and

(b) she elects that those regulations are so to apply.

(3) An election under paragraph (1)(b) or (2)(b) is to be made by giving notice in writing to the appropriate administering authority.

(4) In this regulation “potentially eligible child” means a child who might become an eligible child on the woman's death.