# Occupational Pension Schemes (Contracting-out) Regulations 1996, Regulation 69B: Conversion of guaranteed minimum pensions into other benefits: survivors’ benefits

Extent: E+W+S

(1) For the purposes of Condition 4 of section 24B of the 1993 Act, the circumstances in which, and periods during which, the converted scheme must provide survivors’ benefits are prescribed in this regulation.
(2) The circumstances are that—
(a) an earner’s pre-conversion benefits include a guaranteed minimum pension, and
(b) the scheme before conversion provided that—
(i) i)if such an earner dies leaving a widow, widower or surviving civil partner (whether before or after attaining pensionable age), the widow, widower or surviving civil partner will be entitled to a guaranteed minimum pension, and
(ii) in a case where section 17(6) of the 1993 Act applies, such a widower’s, widow’s or surviving civil partner’s guaranteed minimum pension will be payable in the circumstances set out in regulation 57(a) to (c).
(3) The periods are—
(a) for widows, widowers and surviving civil partners, any period mentioned in section 17(4A)(a) and (b) of the 1993 Act (minimum pensions for widows and widowers),
(b) for widows, widowers and surviving civil partners whose entitlement by virtue of the earner’s contributions to a widowed parent’s allowance or bereavement allowance has come to an end at a time after the widow, widower or surviving civil partner attained the age of 45, so much of the period beginning with the time when that entitlement came to an end as neither—
(i) comprises a period during which the widow, widower or surviving civil partner and another person are living together as a married couple,another person are living together as a married couple, nor
(ii) falls after the time of any—
(aa) marriage, or
(bb) formation of a civil partnership,
by the widow, widower or surviving civil partner which takes place after the earner’s death,
(c) for widows whose spouse was a man, any period for which a widowed mother’s allowance or widow’s pension is payable to the widow by virtue of the earner’s contributions, and
(d) for widowers, widows whose spouse was a woman and surviving civil partners, any period which is, by virtue of regulation 58, a prescribed period for the purposes of section 17(6) of the 1993 Act.
(4) The following provisions do not apply where the earner died before 5th December 2005—
(a) paragraph (3)(b)(i) so far as it relates to the living together of two people of the same sex;
(b) paragraph (3)(b)(ii)(aa) so far as it relates to a marriage involving two people of the same sex; and
(c) paragraph (3)(b)(ii)(bb).

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Source: https://www.legislation.gov.uk/uksi/1996/1172/regulation/69B (the official version)
Page: https://openlegislation.uk/occupational-pension-schemes-contracting-out-regulations-1996/regulation-69B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.