OpenLegislation

Paragraph 15

Original text. Later amendments are not shown.

In Schedule 2, for Part 2 (award for surviving spouse or civil partner of post-retirement marriage or civil partnership) substitute—

“PART 2

AWARD FOR SURVIVING SPOUSE OF POST-RETIREMENT MARRIAGE WHERE DECEASED IS A MEMBER OF THE 1992 SCHEME BUT NOT A MEMBER OF THE 2006 SCHEME

1.
(1)

Where the surviving spouse of a person who—

(a)

was a member of the 1992 Scheme, but

(b)

was not a member of the 2006 Scheme,

would otherwise have been entitled to a special award under rule 1 of Part 3 or an augmented award under rule 2 of that Part, the amount of his pension under that Part shall, subject to sub-paragraph (2), be calculated in accordance with paragraph 1 of Part 1 of Schedule 3 to the 1992 Scheme (spouse’s ordinary pension) in the same way as that of an ordinary pension.

(2)

For the purposes of this paragraph, paragraph 1 of Part 1 of Schedule 3 to the 1992 Scheme has effect—

(a)

as if the reference in sub-paragraph (1)(a) to the base pension were a reference to the appropriate proportion of the base pension, and

(b)

as if the base pension were the ill-health pension to which the deceased would have been entitled if he had, when he ceased to serve, retired because he was disabled in circumstances entitling him to such a pension.

2.

The appropriate proportion mentioned in paragraph 1(2)(a) is the proportion which the deceased’s relevant pensionable service bears to his total pensionable service.”.