Regulation 40 Surviving spouse’s short-term pension

If an active or pensioner member dies leaving a surviving spouse, the spouse is entitled to a short-term pension.

It is payable for three months after the member's death.

But if there are eligible children in the spouse’s care, it is payable for a further three months.

Where the deceased was an active member, the short-term pension is equal to the deceased’s final pay.

Where the deceased was a pensioner member, the short-term pension is equal to his retirement pension immediately before the death (but see regulation 42).

In this regulation “pensioner member” includes a person whose retirement pension has been commuted under regulation 50 (exceptional ill-health).

If there is more than one surviving spouse, they become jointly entitled under paragraph (1).