PART 9Death benefits
CHAPTER 2Pensions for surviving adults
Entitlement to surviving adult's pension137
1
This regulation applies in relation to a member who was at the date of death—
a
an active member of this scheme with at least 2 years' qualifying service;
b
a deferred member of this scheme; or
c
a pensioner member of this scheme.
2
The surviving adult of the member is entitled to payment for life of a surviving adult's pension as follows—
a
if the member was entitled to payment for life of a retirement earned pension at the date of the member's death, or would have become entitled to such a pension had the member not died, a surviving adult's earned pension;
b
if the member was entitled to payment for life of a lower tier ill-health pension at the date of the member's death, a surviving adult's lower tier ill-health pension;
c
if the member was entitled to payment for life of both a lower tier ill-health pension and an enhanced upper tier ill-health pension at the date of the member's death, a surviving adult's lower tier ill-health pension and a surviving adult's enhanced upper tier ill-health pension;
d
if the member was entitled to payment for life of a retirement added (all beneficiaries) pension at the date of the member's death or would have become entitled to such a pension had the member not died, a surviving adult's added pension.
3
The scheme manager may in its discretion withhold a surviving adult's pension that would otherwise be payable to a surviving spouse if the member and the surviving spouse were married less than 6 months before the member's death.
4
The scheme manager may in its discretion withhold a surviving adult's pension that would otherwise be payable to a surviving civil partner if the civil partnership was formed less than 6 months before the member's death.
5
Paragraphs (3) and (4) are subject to regulation 151 (guaranteed minimum pensions for surviving spouses and civil partners).