Regulation 44 Children’s short-term pensionsI1

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. 44 coming into force by Local Government Pension Scheme 1998 reg. 1
reg.44 amended by Local Government Pension Scheme 2000 reg.26
reg. 44(5A) inserted by Local Government Pension Scheme (Pension Sharing on Divorce) 2001 Sch. 2 para. 6
regs 44, 45 am by Local Government Pensions Etc. (Civil Partnership) 2005 regs 3, 5, Sch 2, paras 17, 18

(1)

If an active or pensioner member dies leaving one or more eligible children, they are entitled to a children’s short-term pension.

(2)

If a short-term pension is payable to a surviving spouse under regulation 39, the children’s short-term pension is payable only for three months after the death.

(3)

Otherwise, it is payable for six months after the death.

(4)

Where the deceased was an active member, the pension is the 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 pension is equal to his retirement pension immediately before the death.

(6)

Where, if a children’s long-term pension and a surviving spouse’s long-term pension were payable instead of short-term pensions, that would result in a greater aggregate pension, long-term pensions shall be payable instead of short-term pensions.

(7)

Where–

(a)

a children’s short-term pension is payable for a child who is not in the care of a person to whom a short-term pension is payable (or would be payable apart from paragraph (6)); and

(b)

a children’s long-term pension would be greater,

the long-term pension shall be payable instead of the short-term pension.

(8)

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

Annotations

Commencement

I1: Reg. 44 in force at 1.4.1998, see reg. 1