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Regulation 42 Surviving spouse’s or civil partner’s short term pensionF1I1

Northern Ireland

(F21)

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.

(2)

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

(3)

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

(4)

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

(5)

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).

(6)

In this regulation “pensioner member” includes a person whose retirement pension has been commuted under regulation 52 (exceptional ill-health).

(7)

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

I1

Reg. 42 in operation at 1.2.2003, see reg. 1

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)