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Regulation 42 Surviving spouse’s guaranteed minimum 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:

(1)

If paragraph (2) applies, the pension to which a person is entitled under regulation 39 or 40 must be not less than the surviving spouse’s guaranteed minimum.

(2)

This paragraph applies if–

(a)

the employment in which the deceased was a member was contracted-out employment; and

(b)

he had a guaranteed minimum in relation to benefits under these Regulations.

(3)

Paragraph (1) overrides any contrary provision in these Regulations except–

(a)

regulation 48 (commutation: small pensions);

(b)

regulation 111 (forfeiture); and

(c)

regulation 112 (interim payments directions).

Annotations

Commencement

I1

Reg. 42 in force at 1.4.1998, see reg. 1