Regulation 45 Surviving spouse’s or civil partner’s guaranteed minimum pensionF1I1
Northern Ireland
If the guaranteed minimum pension rule applies, the pension to which a person is entitled under regulation 42 or 43 must be not less than the surviving spouse’s or civil partner’s guaranteed minimum.
The guaranteed minimum pension rule applies if –
the employment in which the deceased was a member was contracted-out employment; and
he had a guaranteed minimum in relation to benefits under these Regulations.
Paragraph (1) overrides any contrary provision in these Regulations except–
regulation 51 (commutation of small pensions);
regulation 114 (forfeiture); and
regulation 115 (interim payments directions).
Annotations
Textual amendments
- F1
Reg. 45(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(8)
- 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)