Article 10 Widower’s guaranteed pension

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

art. 10 omitted by Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) 2014 Sch. 1 para. 13(5)
art. 10 sidenote words inserted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 6 para. 2(2)
art. 10(1) words substituted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 6 para. 2(3)(i)
art. 10(1) words substituted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 6 para. 2(3)(ii)
art. 10(3)(b) words inserted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 6 para. 2(4)
art. 10 omitted by Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) 2014 Sch. 6 para. 8(5)

(1)

As from the death on or after 6th April 1989 (whether before or after attaining pensionable age) of a female office-holder, her widower shall, subject to paragraphs (2) and (3) be entitled to receive a guaranteed minimum pension the weekly rate of which shall be his guaranteed minimum as ascertained in accordance with section 36(3) of the Act.

(2)

Paragraph (1) above shall apply in the circumstances prescribed under section 36(7A) of the Act and for the period prescribed under that subsection.

(3)

Paragraph (1) above shall not apply if:

(a)

at the date of her death the office-holder’s accrued rights to a guaranteed minimum pension have been extinguished under section 43(7) of the Act; or

(b)

the widower’s accrued rights are extinguished under that subsection.