Paragraph E.1 Surviving spouses' and civil partners' pensions
United Kingdom
If an active member, a deferred member or a pensioner member dies leaving a surviving spouse or civil partner, the surviving spouse or civil partner is entitled to a pension for life.
Paragraph (1) does not apply if the member is an active member who would not have qualified for a pension under rule D.2 (retirement before reaching pension age) if his service had ceased on the date of death otherwise than by reason of death.
The Secretary of State may withhold the pension—
where it would be payable to a surviving spouse, if the member and the surviving spouse married less than six months before the member’s death, and
where it would be payable to a surviving civil partner, if the civil partnership was formed less than six months before the member’s death.
Paragraph (3) is subject to rule E.28 (guaranteed minimum pensions for surviving spouses).
Where a deceased active, deferred or pensioner member was—
a man or a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
at the time of the deceased member’s death, the deceased member was married, and that marriage subsisted before the time when the certificate was issued,
the surviving spouse of the deceased member is to be treated for the purpose of these Rules as if the certificate had not been issued.
Annotations
Textual amendments
- F1
Sch. 1 rule E.1(5) inserted (E.W.) (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3061), art. 1(2), Sch. 1 para. 15; (S.) (16.12.2014) by The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3061), art. 1(3), Sch. 2 para. 1(2)
Notes on Schedule 1
Modifications
- C1
Schs. 1-3 modified (14.7.2026 for the tax year 2014-15 and subsequent tax years) by The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2026 (S.I. 2026/673), regs. 1(2), 10