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Regulation G15 Dependent surviving scheme partner’s pensionF1F8

(F21)

A member may apply for the member’s scheme partner to receive a dependent surviving scheme partner’s pension on the member’s death.

(1A)

An application must—

(a)

be made by the member giving notice in writing to the Secretary of State before leaving pensionable employment, and

(b)

be in relation to a person who has been the member’s scheme partner for a continuous period of at least two years on the member’s last day of pensionable service.

(2)

The Secretary of State must accept a member’s application only if the Secretary of State is satisfied that the member’s F3scheme partner is—

(a)

permanently incapable of earning a living because of physical or mental infirmity; and

(b)

wholly or mainly dependent on the member.

(F43)

If the Secretary of State has accepted a member’s application and the member subsequently dies before the member’s scheme partner, a scheme partner entitled to a surviving scheme partner’s pension is entitled to a dependent surviving scheme partner’s pension.

(4)

The dependent surviving F5scheme partner’s pension is to be calculated in the same way as a widow’s pension under regulations G1 to G6 but based only on the member’s pensionable service before 6th April 1988.

(5)

If the Secretary of State has accepted a member’s application for a dependent surviving F6scheme partner’s pension and the member’s pensionable service started before 6th April 1988 any lump sum payable to the member will be reduced by an amount equal to 1.4 times the yearly rate of the part of the member’s pension that is based on pensionable service before 6th April 1988 (except to the extent that any reduction has been off-set under regulation Q2).

(6)

If regulation E2(10), regulation E2A(10) or regulation L1(8) (ill health retirement pensions and preserved pension) applies to a member who has a F7scheme partner, any reference in those provisions to a lump sum payable on retirement means, in relation to a member to whom paragraph (5) of this regulation refers, a lump sum that is not reduced as described in that paragraph.

Annotations

Textual amendments

F1

Regs. G14-G17 inserted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 29

F2

Reg. G15(1)(1A) substituted for reg. G15(1) (with effect from 1.4.2008) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2)(9), 19(3)

F3

Words in reg. G15(2) substituted (with effect from 1.4.2008) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2)(9), 19(4)

F4

Reg. G15(3) substituted (with effect from 1.4.2008) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2)(9), 19(5)

F5

Words in reg. G15(4) substituted (with effect from 1.4.2008) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2)(9), 19(6)

F6

Words in reg. G15(5) substituted (with effect from 1.4.2008) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2)(9), 19(7)

F7

Words in reg. G15(6) substituted (with effect from 1.4.2008) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2)(9), 19(8)

F8

Words in reg. G15 heading substituted (with effect from 1.4.2008) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2)(9), 19(2)

Notes on Part G

Textual amendments

F1

Pt. G heading substituted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 18