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Regulation 87 Surviving partner’s pension payable on death of active memberI1

England and Wales

(1)

This regulation applies in relation to the surviving partner of a member who dies if, at the date of death, the member is an active member and has qualifying service of F1at least three months.

(2)

A surviving partner to whom this regulation applies is entitled to a surviving partner’s pension.

(3)

F2Subject to paragraph (4) and regulation 91 (reduction of pensions in cases of wide age disparity), the annual rate of the surviving partner’s pension is an amount equal to half the pension which the member would have been entitled to draw if the member had retired on the grounds of ill-health with the award of a higher tier ill-health pension on the date of the member’s death.

F3(4)

Where the member referred to in paragraph (1) was a transition member who had additional pension benefit under rule 7A or 7B of Part 3 of the NFPS or additional pension benefit under rule B5B or B5C of the 1992 Scheme, half the amount of additional pension benefit is added to the amount of the annual rate of the surviving partner’s pension referred to in paragraph (3).

Annotations

Textual amendments

F1

Words in reg. 87(1) substituted (with effect from 1.4.2015) by The Firefighters' Pension Scheme (Wales) (Amendment) Regulations 2018 (S.I. 2018/576), regs. 1(2)(3), 5(2)

F2

Words in reg. 87(3) substituted (1.4.2015) by The Firefighters' Pension Scheme (Wales) (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/1016), reg. 1(2), Sch. 1 para. 6(b)(i)

F3

Reg. 87(4) inserted (1.4.2015) by The Firefighters' Pension Scheme (Wales) (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/1016), reg. 1(2), Sch. 1 para. 6(b)(ii)

Commencement

I1

Reg. 87 in force at 1.4.2015, see reg. 1(2)