Regulation F5 Pensioner’s spouse’s long-term pension

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

reg. F5(2) words inserted by Local Government Pension Scheme (Transitional Provisions) 1997 Sch. 3 para. 20(a)
reg. F5(3)(c) words inserted by Local Government Pension Scheme (Transitional Provisions) 1997 Sch. 3 para. 20(a)
reg. F5(3)(c) words inserted by Local Government Pension Scheme (Transitional Provisions) 1997 Sch. 3 para. 20(b)

(1)

Subject to regulation F7 (remarriage and cohabitation), where regulation F4(1) applies the surviving spouse is entitled or, as the case may be, the surviving spouses are jointly entitled, at the end of the period in respect of which a short-term pension is payable under that regulation, to a spouse’s long-term pension.

(2)

Subject to regulation F6 (post retirement marriages), where paragraph (1) applies and any new employment for the purposes of Part I of Schedule D5 (re-employed pensioners) was not a local government employment, the annual rate of the long-term pension is half the annual rate of the deceased’s retirement pension immediately before the date of death.

(3)

For the purposes of paragraph (2)—

(a)

any increase in the deceased’s retirement pension by virtue of regulation D2(2)(i),

(b)

any reduction in that pension under regulation D13 or H2 or by virtue of a surrender under regulation D14, and

(c)

any extinguishment of that pension by virtue of the operation of regulation H6 or Part I of Schedule D5,

shall be disregarded.