# The Armed Forces Pension Scheme Order 2005, Paragraph E.28: Guaranteed minimum pensions for surviving spouses

Extent: E+W+S+N.I.

(1) This rule applies where the surviving spouse of a deceased active, deferred or pensioner member has a guaranteed minimum under section 17 of the Pension Schemes Act 1993 in relation to benefits in respect of the deceased member under the Scheme.
(2) If apart from this rule—
(a) no pension would be payable to the surviving spouse under this Part, or
(b) the weekly rate of the pension 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 for life.
(3) Paragraph (2) does not apply if the pension is forfeited in a case where rule J.6(1)(a) (conviction of treason or other national security offences) applies.

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Source: https://www.legislation.gov.uk/uksi/2005/438/schedule/1/part/E/crossheading/general-provisions/paragraph/E.28 (the official version)
Page: https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-1/part-E/crossheading-general-provisions/paragraph-E.28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.