{
  "url": "https://openlegislation.uk/local-government-pension-scheme-regulations-northern-ireland-2002/regulation-43",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-regulations-northern-ireland-2002/regulation-43.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/43",
  "kind": "regulation",
  "number": "43",
  "heading": "Surviving spouse’s or civil partner’s long-term pension",
  "text": "(1) If a member dies leaving a surviving spouse or civil partner, the spouse or civil partner is entitled to a spouse’s or civil partner’s long-term pension.\n(2) If the deceased was an active or pensioner member, the long-term pension is payable from the end of the period for which the short-term pension is payable.\n(3) The long-term pension payable on a deferred member’s death is payable from the death.\n(4) If the deceased was an active member with a total membership of at least three months, the long-term pension is equal to half the ill-health pension to which the deceased would have been entitled under regulation 29 if he had become entitled to a pension under that regulation on the date he died.\n(5) If the deceased was an active member with a total membership of less than three months or a deferred member, the multiplier for the long-term pension is –\nthe deceased's total membership160(but see regulation 44).\n(6) But where the deceased was a deferred member and a pension debit member, the long-term pension is equal to half the pension to which the deceased would have been entitled under regulation 26 if he had become entitled to a pension under that regulation on the date that he died (but see regulation 44).\n(7) If the deceased was a pensioner member, the long-term pension is equal to half his retirement pension immediately before the date of death or half his pension before any commutation under regulation 19(3A), whichever is greater (but see regulation 44).\n(8) For the purposes of this regulation –\n(a) any increase in the pensioner member’s retirement pension made under regulation 57(2);\n(b) any reduction in that pension under regulation 33 ...; and\n(c) any loss of that pension as a result of an election made under regulation 31,\nshall be disregarded.\n(9) 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. 43(1) 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(6)"
    },
    {
      "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": "F",
      "label": "F3",
      "text": "Words in reg. 43(4)(5) substituted (1.6.2005) by Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2005 (S.R. 2005/274), regs. 1(2), 12, (with regs. 28, 29)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 43(7) inserted (6.4.2006) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/152), regs. 1(2)(a), 19(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 43(8)(b) deleted (6.4.2006) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/152), regs. 1(2)(a), 19(b)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 43 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/43",
    "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."
}