PART 9Family benefits

Adult pensions94

1

This regulation applies on the death of a person (D) if—

a

D was in pensionable employment after 31st March 1972, and

b

D had adult pension qualification service of—

i

at least 2 years, where D was in pensionable employment at any time after 5th April 1988, or

ii

at least 5 years, where D was not in pensionable employment after 5th April 1988.

2

For the purpose of calculating benefits in respect of a period after D entered further employment, paragraph (1) has effect as if for sub-paragraph (b) there were substituted—

b

D was qualified for retirement benefits following further employment.

3

An adult pension is payable to D’s surviving adult from the day after the date of D’s death.

4

Except as otherwise provided in these Regulations, the pension is payable for life.

5

D falls within this paragraph if—

a

D was not in pensionable employment after 31st December 2006, or

b

D did not pay contributions under regulation C9 of TPR 1997 or regulation 19 (election to pay contributions by a person serving in a reserve force) in respect of a period after that date.

6

If D falls within paragraph (5), the pension ceases to be payable if D’s surviving adult marries, forms a civil partnership, or lives with another person as if they were husband and wife or civil partners.

7

Paragraph (6) does not apply—

a

if the Secretary of State determines that paragraph (6) does not apply in the circumstances of the particular case;

b

to so much of any pension as is payable in respect of section 9(2B) rights to a widow or widower whose entitlement arose from a death occurring before 5th December 2005 and who forms a civil partnership or lives with another person as if they were civil partners;

c

where D dies in service, as a phased retirement pensioner or as a retirement pensioner, during the first 3 months after D’s death.

8

The annual rate of the pension is to be calculated in accordance with regulations 95 (adult pensions: short-term rate) and 96 (adult pensions: long-term rate).

9

Schedule 8 (adult pension qualification service) has effect for determining D’s adult pension qualification service.