{
  "url": "https://openlegislation.uk/local-government-pension-scheme-regulations-1997/regulation-40",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-regulations-1997/regulation-40.json",
  "legislation": "uksi/1997/1612",
  "legislation_title": "The Local Government Pension Scheme Regulations 1997",
  "legislation_url": "https://openlegislation.uk/local-government-pension-scheme-regulations-1997",
  "path": "regulation/40",
  "kind": "regulation",
  "number": "40",
  "heading": "Surviving spouse’s short-term pension",
  "text": "(1) If an active or pensioner member dies leaving a surviving spouse, the spouse is entitled to a short-term pension.\n(2) It is payable for three months after the member's death.\n(3) But if there are eligible children in the spouse’s care, it is payable for a further three months.\n(4) Where the deceased was an active member, the short-term pension is equal to the deceased’s final pay.\n(5) 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).\n(6) In this regulation “pensioner member” includes a person whose retirement pension has been commuted under regulation 50 (exceptional ill-health).\n(7) If there is more than one surviving spouse, they become jointly entitled under paragraph (1).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "applied",
      "affecting": "uksi/2000/1410",
      "affecting_title": "The Local Government (Early Termination of Employment) (Discretionary Compensation)(England and Wales) Regulations 2000"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/1612/regulation/40",
    "retrieved_at": "2026-10-29T12:06:30.691853+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}