OpenLegislation

Regulation 66 Guaranteed minimum pension for surviving spouses and civil partnersI1

United Kingdom

(1)

If a person who is the surviving spouse or civil partner of a deceased active, deferred or pensioner member has a guaranteed minimum under section 17 PSA 1993 in relation to benefits in respect of the deceased member under this scheme—

(a)

nothing in these regulations permits or requires anything that would cause requirements made by or under that Act in relation to such a person and such a person’s rights under a scheme not to be met;

(b)

nothing in these regulations prevents anything from being done which is necessary or expedient for the purposes of meeting such requirements; and

(c)

paragraph (2) is without prejudice to the generality of this paragraph.

(2)

If apart from this regulation—

(a)

no pension would be payable to the surviving spouse or civil partner under this Part; or

(b)

the weekly rate of the pensions payable would be less than the guaranteed minimum,

a pension the weekly rate of which is equal to the guaranteed minimum is payable to the surviving spouse or civil partner for life.

(3)

Paragraph (2) does not apply to a pension that is forfeited as a result of a conviction of an offence referred to in regulation 122 (1)(a) or (b) (events enabling forfeiture).

Annotations

Commencement

I1

Reg. 66 in force at 1.4.2015, see reg. 1(2)