The Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996

Death before effect given to protected rights: interim arrangements for widow or widower

13.—(1) Where the member has died without effect being given to his protected rights and that member is survived by—

(a) a qualifying widow or widower; or

(b) a non-qualifying widow or widower who, in accordance with the member’s written directions is nominated to receive the value of that member’s protected rights,

effect shall be given to those rights if that widow or widower so elects by the making of payments, as soon as practicable, under an interim arrangement such as is described in paragraph (2).

(2) The interim arrangement referred to in paragraph (1) is one which—

(a) complies with—

(i) the requirements of section 28A(3) and (5) of the 1993 Act and regulations made under those subsections; and

(ii) the conditions referred to in regulation 6 as if the widow or widower were the member;

(b) at the end of the interim period, enables effect to be given to the deceased’s protected rights in such ways as are permitted by the provisions of section 28 of the 1993 Act as the rules of the scheme may specify.

(3) In this regulation “qualifying widow or widower” shall have the same meaning as in regulation 12.