PART 9Death benefits

CHAPTER 4Payment of pensions for surviving adults and eligible children

Guaranteed minimum pensions for surviving spouses and civil partners141

1

This regulation applies in relation to a person (P) who is the surviving spouse or civil partner of a deceased active, deferred or pensioner member who has a guaranteed minimum under section 17 of PSA 1993 in relation to the member’s benefits under this scheme.

2

Nothing in these Regulations permits or requires anything that would cause requirements under PSA 1993 that relate to such a person or that relate to the rights of such a person not to be met in relation to P.

3

Nothing in these Regulations prevents anything from being done which is necessary or expedient for the purpose of meeting such requirements in relation to P.

4

The following paragraphs are without prejudice to the generality of paragraphs (2) and (3).

5

If apart from this regulation a pension would not be payable to P under this Part—

a

a pension the weekly rate of which is equal to the guaranteed minimum is payable to P for life; or

b

pensions the aggregate weekly rate of which is equal to the guaranteed minimum are so payable.

6

If apart from this regulation the weekly rate of a pension payable to P under this Part would be less than the guaranteed minimum, the pensions payable are increased to the amount specified in paragraph (5).

7

Paragraphs (5) and (6) do not apply to a pension that is—

a

forfeited as a result of a conviction for treason; or

b

forfeited under regulation 201 (forfeiture: offences committed by members) where the relevant offence within the meaning of that regulation is an offence under the Official Secrets Acts 1911 to 198960.