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Paragraph 3 Amount of survivor’s pension: special cases

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraph (2), where the person entitled to a survivor’s pension under rule 1 is more than twelve years younger than the deceased on the day on which he dies, a reduction of 2.5 per cent. for each year by which the survivor’s age exceeds, by more than twelve years, that of the deceased, shall be applied to the rule 2 amount.

(2)

Where the application of paragraph (1) would result in the payment of a survivor’s pension of less than 50 per cent. of the rule 2 amount, the survivor’s pension shall be 50 per cent. of the rule 2 amount.

(3)

Where—

(a)

a pension debit member satisfies an eligibility condition and dies while employed by an authority,

(b)

a survivor’s pension is payable under rule 1 on his death, and

(c)

a pension sharing order or, in the case of a surviving civil partner, an order to similar effect, had effect on the day on which the pension debit member died,

the amount of the survivor’s pension shall be ascertained with regard to the terms of that order.

(4)

In paragraphs (1) and (2), “the rule 2 amount” means the amount that would have been ascertained in accordance with rule 2 if that rule were not subject to paragraphs (1) to (3) of this rule.

(5)

For the purposes of paragraph (1), a part of a year shall be treated as a whole year.