Regulation 81 Entitlement to surviving adult’s pensionI1

United Kingdom

(1)

This regulation applies in relation to a member who, at the date of the member’s death is—

(a)

an active member of this scheme in relation to a continuous period of pensionable service of at least 12 months;

(b)

a deferred member of this scheme; or

(c)

a pensioner member of this scheme.

(2)

If the member is a transition member with continuity of service, the continuous period of pensionable service mentioned in paragraph (1)(a) includes the member’s period of pensionable service under a pre-2022 scheme before the closing date.

(3)

The surviving adult of the member is entitled to payment for life of a surviving adult’s pension as follows—

(a)

if the member was a pensioner member or would have become entitled to a full retirement pension had the member not died, a dependant’s earned pension;

(b)

if an ill-health pension was payable as at the date of the member’s death, a dependant’s ill-health pension.

(4)

The scheme manager may withhold a surviving adult’s pension as follows—

(a)

for a pension that would otherwise be payable to the surviving spouse, if the member and the surviving spouse married less than 6 months before the member’s death;

(b)

for a pension that would otherwise be payable to a surviving civil partner, if the civil partnership was formed less than 6 months before the member’s death.

(5)

In this regulation a reference to “pensionable service” in relation to the Fee-paid Judges scheme is a reference to qualifying judicial service (within the meaning of regulation 6 (qualifying judicial service) of the FPJR 2017).

Annotations

Commencement

I1: Reg. 81 in force at 1.4.2022, see reg. 1(4)