Regulation 45B Survivor benefits: guaranteed minimum pensionF1F2
Where the guaranteed minimum pension rule applies, the pension to which a person is entitled under regulations 24 (survivor benefits: active members), 33 (survivor benefits: deferred members) and 36 (survivor benefits: pensioner members) of the Benefits Regulations must be no less than the surviving spouse’s, F3... cohabiting partner’s or civil partner’s guaranteed minimum.
The guaranteed minimum pension rule applies if—
the employment in which the deceased was a member was contracted-out employment; and
he had a guaranteed minimum in relation to benefits under these Regulations.
Paragraph (1) overrides any contrary provision in the Benefits Regulations or these Regulations except—
regulation 39 (commutation of small pensions) of the Benefits Regulations;
regulation 68 (forfeiture of pension rights after conviction of employment related offences) of these Regulations; and
regulation 69 (interim payments directions) of these Regulations.
Annotations
Textual amendments
- F1
Regulations revoked (except reg. 4 for specified purposes, reg. 6 for specified purposes and reg. 11) (1.4.2015) by The Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/189), regs. 1(1), 2(1), Sch. 2 (with regs. 3, 13, 14(1)(d), Sch. 5)
- F2
Regs. 45A, 45B inserted (with effect in accordance with reg. 1(4) of the amending Rule) by Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/410), regs. 1(1), 40
- F3
Word in reg. 45B(1) omitted (with effect in accordance with reg. 1(2)(a) of the amending Rule) by virtue of The Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/206), regs. 1(1), 11