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Article 8 Pensions for surviving adult dependants

Original text. Later amendments are not shown.

After article 12 of the Principal Order a new article shall be inserted –

“Pensions for surviving adult dependants

12A
(1)

For the purposes of this Order, surviving adult dependant means, in relation to a person who has died, a person who–

(a)

made and signed with the deceased person a declaration in a form prescribed by the Managers and the declaration was not subsequently cancelled by either partner by a signed revocation in such form as the Managers prescribed or otherwise accepted ; and

(b)

satisfies the Managers that at the time of the deceased person’s death –

(i)

the person and the deceased person were cohabiting as partners in an enduring long-term relationship and neither the person nor the deceased person was cohabiting with a third person as partners in an enduring long-term relationship;

(ii)

the person and the deceased person were not prevented from marrying (or would not have been so prevented apart from being of the same sex) or forming a civil partnership; and

(iii)

either the person was financially dependent on the deceased person or they were financially interdependent.

(2)

A surviving adult dependant of a person who–

(a)

was a participant at any time on or after 3rd November 2004;

(b)

was at the person’s death either –

(i)

a participant; or

(ii)

a pensioner; or

(iii)

a deferred pensioner; and

(c)

did not leave a widow or widower or surviving civil partner

shall be entitled to receive a pension for life under this article.

(3)

The annual amount of a pension payable under this article to a surviving adult dependant shall be five-eighths of the basic or prospective pension or pensions of the deceased person.”