Regulation 42 Surviving spouse’s or civil partner’s short term pensionF1I1
Northern Ireland
If an active or pensioner member dies leaving a surviving spouse or civil partner, the spouse or civil partner 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 or civil partner’s care, it is payable for a further three months.
Where the deceased was an active member, the annual rate of short-term pension is equal to the deceased’s final pay.
Where the deceased was a pensioner member, the annual rate of short-term pension is equal to his retirement pension immediately before the death (but see regulation 44).
In this regulation “pensioner member” includes a person whose retirement pension has been commuted under regulation 52 (exceptional ill-health).
If there is more than one surviving spouse, they become jointly entitled under paragraph (1).
Annotations
Textual amendments
- F1
Reg. 42(1)-(3) and cross-heading substituted (with effect in accordance with reg. 1(3) of the amending Rule) by Local Government Pension Scheme (Civil Partnership) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/6), regs. 1(2), 3(5)
- F2
Regulations revoked in part (1.4.2009) by Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/34), reg. 1(1), Sch. 1 (with reg. 3)
Commencement
Notes on Surviving spouses' or civil partner’s pensions
Textual amendments
- F1
Reg. 42(1)-(3) and cross-heading substituted (with effect in accordance with reg. 1(3) of the amending Rule) by Local Government Pension Scheme (Civil Partnership) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/6), regs. 1(2), 3(5)