# Local Government Pension Scheme Regulations (Northern Ireland) 2002, Regulation 42: Surviving spouse’s or civil partner’s short term pension

Extent: N.I.

(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.
(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).

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Source: https://www.legislation.gov.uk/nisr/2002/352/regulation/42 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-regulations-northern-ireland-2002/regulation-42
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.