PART 8 N.I.Death benefits

CHAPTER 1N.I.Pensions for surviving adults

Entitlement to surviving adult's pensionN.I.

97.—(1) This regulation applies in relation to a member who, at the date of the member's death is—

(a)an active member of this scheme, or [F1a relevant] scheme, in relation to a continuous period of pensionable service of at least 12 months;

(b)a deferred member of this scheme; or

(c)a pensioner member of this scheme.

(2) If the member is a transition member with continuity of service, the continuous period of pensionable service mentioned in paragraph (1)(a) includes the member's period of pensionable service under [F2a relevant] scheme before the transition date for that member.

(3) 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 a pensioner member or would have become entitled to a full retirement earned pension had the member not died, a dependant's earned pension;

(b)if an ill-health pension was payable as at the date of the member's death, a dependant's ill-health pension;

(c)if the member was entitled to the immediate payment of a full retirement added (all beneficiaries) pension as at the date of the member's death or would have become entitled to such a pension had the member not died, a dependant's added pension.

(4) The scheme manager may withhold a surviving adult's pension as follows—

(a)for a pension that would otherwise be payable to the surviving spouse, if the member and the surviving spouse married less than 6 months before the member's death;

(b)for a 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) Paragraph (4) is subject to regulation 110.

[F3(6) In this regulation a reference to “pensionable service” in relation to the Fee-Paid Judges Scheme is a reference to qualifying judicial service.]

Textual Amendments