Regulation 39 Surviving spouse’s short-term pensionI1

England, Wales and Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 39 coming into force by Local Government Pension Scheme 1998 reg. 1
reg.39 amended by Local Government Pension Scheme 2000 reg.24
reg 39 am by Local Government Pension Scheme Amendment (Increased Pension Entitlement) 2009 regs 2, 4
regs 39–42 am (cross–heading subst) by Local Government Pensions Etc. (Civil Partnership) 2005 regs 3, 5, Sch 2, para 6
regs 39–42 am by Local Government Pensions Etc. (Civil Partnership) 2005 regs 3, 5, Sch 2, paras 7, 9, 10, 12, 14, 16
reg 39 am (heading am) by Local Government Pensions Etc. (Civil Partnership) 2005 regs 3, 5, Sch 2, paras 7, 8

(1)

If an active or pensioner member dies leaving a surviving spouse, the spouse is entitled to a short-term pension.

(2)

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

(3)

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

(4)

Where the deceased was an active member, the short-term pension is greater of–

(a)

the deceased’s final pay; or

(b)

\frac{(3 × his final pay)}{80} \times his total membership.

(5)

Where the deceased was a pensioner member, the short-term pension is equal to his retirement pension immediately before the death (but see regulation 41).

(6)

In this regulation “pensioner member” includes a person whose retirement pension has been commuted under regulation 49 (exceptional ill-health).

(7)

If there is more than one surviving spouse, they become jointly entitled under paragraph (1).

Annotations

Commencement

I1: Reg. 39 in force at 1.4.1998, see reg. 1