Regulation 65 Surviving spouses’ and civil partners’ pensionsI1
United Kingdom
If an active member, deferred member or pensioner member dies leaving a surviving spouse or civil partner, the surviving spouse or civil partner—
is entitled to a dependant’s earned pension that is payable for life; and
depending on the deceased member’s circumstances, may be entitled to one or more other pensions payable under this scheme.
Paragraph (1) does not apply if the member is an active member who would not have qualified for a pension under—
regulation 43 (retirement on or after reaching normal pension age – active members) by virtue of regulation 43(2)(a); or
regulation 44 (retirement before reaching normal pension age – deferred members) by virtue of regulation 44(1)(b) or (c),
if the member’s service had ceased on the date of death otherwise than by reason of death.
A person entitled to a dependant’s earned pension under this regulation is entitled to a dependant’s added pension if the member was entitled to immediate payment of a retirement added pension (member and dependants) as at the date of the member’s death or would have become entitled to such a pension had the member not died.
The scheme manager may withhold the pension or pensions—
where the pension or pensions would be payable to a surviving spouse, if the member and the surviving spouse married less than 6 months before the member’s death; or
where the pension or pensions would be payable to a surviving civil partner, if the civil partnership was formed less than 6 months before the member’s death.
The annual rate of the pension or pensions payable under this regulation is calculated under regulation 68, 69 and 70 (annual rate of adult dependants’ pensions payable on death) by reference to the deceased member’s own pension rights.