Regulation 10 Pensions for surviving adult dependants

After regulation K2 of the Principal Regulations a new regulation shall be inserted—

“Pensions for surviving adult dependants

K2A

(1)

For the purposes of these Regulations, surviving adult dependant means, in relation to a person who has died, a person who—

(a)

made and signed with the deceased person a declaration in a form prescribed by the Trustees and the declaration was not subsequently cancelled by either partner by a signed revocation in such form as the Trustees prescribed or otherwise accepted ; and

(b)

satisfies the Trustees that at the time of the deceased person’s death—

(i)

the person and the deceased person were cohabiting as partners in an enduring long-term relationship and neither the person nor the deceased person was cohabiting with a third person as partners in an enduring long-term relationship;

(ii)

the person and the deceased person were not prevented from marrying (or would not have been so prevented apart from being of the same sex) or forming a civil partnership; and

(iii)

either the person was financially dependent on the deceased person or they were financially interdependent.

(2)

A surviving adult dependant of a person who—

(a)

was a participant at any time on or after 3rd November 2004;

(b)

was at the person’s death either—

(i)

a participant; or

(ii)

a pensioner; or

(iii)

a deferred pensioner; and

(c)

did not leave a widow or widower or surviving civil partner

shall be entitled to receive a pension for life under this regulation.

(3)

The annual amount of a pension payable under this regulation to a surviving adult dependant shall be five-eighths of the basic or prospective pension or pensions of the deceased person.”