Regulation 8 Survivor benefits in respect of members who died before 2nd October 2023;F2I1
England and Wales
This regulation applies to a person in category A, B or C—
who is deceased; and
in respect of whom a survivor member’s pension was paid under regulation 41, 42, 44, 45, 47 or 48 of the 2013 Regulations before F12nd October 2023.
Provisional assumed benefits and a provisional underpin amount are to be calculated in relation to the person in accordance with regulations 4I and 4J respectively of the 2014 Regulations.
Following this, regulation 4O of those Regulations is to be applied in relation to the person subject to paragraph (4).
Notwithstanding regulation 4O(2) of the 2014 Regulations—
where the person is in category A or B and a proportion of a survivor guarantee amount is payable in respect of the person, it is to be added to the survivor member’s pension account in question without undue delay;
where the person is in category C and a survivor member’s pension, including any survivor guarantee amount, payable in respect of the person exceeds the annual rate of the survivor member’s pension which was previously payable, the difference is to be added to the survivor member’s pension account in question without undue delay.
Annotations
Textual amendments
- F1
Words in reg. 8(1)(b) substituted (with effect from 1.10.2023) by The Local Government Pension Scheme (Miscellaneous Amendments) (Member Benefits) Regulations 2026 (S.I. 2026/226), regs. 1(2)(b), 45(b)
- F2
Words in reg. 8 heading substituted (with effect from 1.10.2023) by The Local Government Pension Scheme (Miscellaneous Amendments) (Member Benefits) Regulations 2026 (S.I. 2026/226), regs. 1(2)(b), 45(a)
Commencement
- I1
Reg. 8 in force at 1.10.2023, see reg. 1(2)