Regulation 67 Other adult dependants’ pensionsI1
United Kingdom
If an active member, deferred member or pensioner member dies leaving a surviving adult dependant, and no benefit is payable under regulation 65 (surviving spouses’ and civil partners’ pensions), the scheme manager may award the surviving adult dependant—
a dependant’s earned pension that is payable for life; and
depending on the deceased member’s circumstances, one or more other pensions that are 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)(b); 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.
A person is a surviving adult dependant in relation to a member for the purposes of this regulation if the person satisfied the scheme manager as at the date of the member’s death—
the person and the member were cohabitating as partners in an exclusive and substantial relationship;
the person and the member were not prevented from marrying or entering a civil partnership; and
either the person was financially dependent on the member or the person and the member were financially interdependent.
The annual rate of the pension or pensions payable under this regulation is to be 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.