Article 5 Surviving spouse’s guaranteed minimum pension

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

art. 5 sidenote words inserted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 6 para. 8(2)
art. 5(1) words inserted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 6 para. 8(3)
art. 5(2) words inserted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 6 para. 8(4)
art. 5(3) words inserted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 6 para. 8(5)

(1)

As from the date of death of an office-holder, whether before or after attaining pensionable age, his surviving spouse shall be entitled to receive a guaranteed minimum pension the weekly rate of which shall be no less than the guaranteed minimum ascertained in accordance with section 17(2) and (3) or (4) of the Act as appropriate.

(2)

Paragraph (1) shall apply, in the case of a widow, for the period mentioned in section 17(5) of the Act and, in the case of a widower, in the circumstances prescribed under section 17(6) of that Act.

(3)

Paragraph (1) shall not apply if —

(a)

at the date of his death the office-holder’s accrued rights to a guaranteed minimum pension have been extinguished under section 60 of the Act; or

(b)

the surviving spouse’s accrued rights are extinguished under that section.