# The Local Government Pension Scheme Regulations 1997, Regulation 40: Surviving spouse’s short-term pension


(1) If an active or pensioner member dies leaving a surviving spouse, the spouse is entitled to a short-term pension.
(2) It is payable for three months after the member's death.
(3) But if there are eligible children in the spouse’s care, it is payable for a further three months.
(4) Where the deceased was an active member, the short-term pension is equal to the deceased’s final pay.
(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).
(6) In this regulation “pensioner member” includes a person whose retirement pension has been commuted under regulation 50 (exceptional ill-health).
(7) If there is more than one surviving spouse, they become jointly entitled under paragraph (1).

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Source: https://www.legislation.gov.uk/uksi/1997/1612/regulation/40 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-regulations-1997/regulation-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.