Regulation F4 Pensioner’s spouse’s short-term pension

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

reg. F4(1)(b) words inserted by Local Government Pension Scheme (Transitional Provisions) 1997 Sch. 3 para. 19(a)
reg. F4(1)(b) words inserted by Local Government Pension Scheme (Transitional Provisions) 1997 Sch. 3 para. 19(b)
reg. F4(2) words inserted by Local Government Pension Scheme (Transitional Provisions) 1997 Sch. 3 para. 19(a)
reg. F4(2) words inserted by Local Government Pension Scheme (Transitional Provisions) 1997 Sch. 3 para. 19(b)

(1)

Subject to regulations F7 (remarriage and cohabitation) and G8(3), if a person who—

(a)

was entitled to receive payments in respect of a retirement pension (other than a pension under regulation D19), or

(b)

would have been so entitled but for regulation H6 (commutation in exceptional circumstances of ill-health) or Part I of Schedule D5 (re-employed pensioners),

dies leaving a surviving spouse or spouses, that spouse is entitled or, as the case may be, they are jointly entitled to a spouse’s short-term pension—

(i)

if the spouse has one or more eligible children in his or her care, for six months after the deceased’s death, or

(ii)

otherwise for three months after the deceased’s death.

(2)

Subject to regulation F6 (post retirement marriages), where paragraph (1) applies, the annual rate of the short-term pension is a rate equal to the spouse’s retirement pension immediately before the date of death or the rate it would have been at that date apart from any payment under regulation H6 or the operation of Part I of Schedule D5.