{
  "url": "https://openlegislation.uk/local-government-pension-scheme-regulations-northern-ireland-2002/regulation-42",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-regulations-northern-ireland-2002/regulation-42.json",
  "legislation": "nisr/2002/352",
  "legislation_title": "Local Government Pension Scheme Regulations (Northern Ireland) 2002",
  "legislation_url": "https://openlegislation.uk/local-government-pension-scheme-regulations-northern-ireland-2002",
  "path": "regulation/42",
  "kind": "regulation",
  "number": "42",
  "heading": "Surviving spouse’s or civil partner’s short term pension",
  "text": "(1) 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.\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 or civil partner’s care, it is payable for a further three months.\n(4) Where the deceased was an active member, the annual rate of short-term pension is equal to the deceased’s final pay.\n(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).\n(6) In this regulation “pensioner member” includes a person whose retirement pension has been commuted under regulation 52 (exceptional ill-health).\n(7) If there is more than one surviving spouse, they become jointly entitled under paragraph (1).",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 42 in operation at 1.2.2003, see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2002/352/regulation/42",
    "retrieved_at": "2026-10-29T02:06:03.867007+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."
}