# The Parliamentary Pensions (Consolidation and Amendment) Regulations 1993, Regulation K2: Pensions for Widows and Widowers


(1) Subject to the provisions of this regulation, the widow of a man who—
(a) was a participant at any time on or after 31st July 1984; and
(b) was at the time of his death either:
(i) a participant; or
(ii) a pensioner; or
(iii) a deferred pensioner;
shall be entitled to receive a pension under this regulation.
(2) The annual amount of a pension payable under this regulation to a widow whose husband died on or after 6th April 1988 shall be five-eighths of the basic or prospective pension or pensions of her late husband.
(3) Subject to paragraphs (4) and (6), a pension payable under this regulation to a widow shall continue for her life or until her remarriage; but in the case of remarriage the Trustees may, if they think fit, at any time direct that the pension shall be restored if satisfied that the subsequent marriage has been terminated or that there are exceptional reasons for the payment of the pension notwithstanding the subsistence of that marriage.
(4) Subject to paragraph (6), no pension shall be payable under this regulation to a widow who, at her husband’s death, was cohabiting with another person; and if a widow entitled to such a pension cohabits with another person, the pension shall cease to be payable:
Provided that the Trustees may, if they think fit, direct that the pension shall be paid or restored, as the case may be, if satisfied that the cohabitation has been terminated or that there are exceptional reasons for the payment of the pension notwithstanding that the cohabitation continues.
(5) Notwithstanding anything in these Regulations and in particular notwithstanding the provisions of paragraphs (3) and (4) above—
(a) the widow of a man who had a guaranteed minimum pension under these Regulations or under Part I of the 1972 Act shall, upon his death, be entitled to a pension for the remainder of her life at a rate equivalent to a weekly rate of not less than half the guaranteed minimum of that man; and
(b) the widower of a woman who had such a guaranteed minimum pension, shall, upon her death, be entitled to a pension for the remainder of his life at a rate equivalent to not less than half of that part of the woman’s guaranteed minimum pension which is attributable to earnings factors for the tax year 1988-89 and subsequent tax years.
(6) During any period specified in section 36(6) of the Pensions Act 1975 as being a period during which a Category B retirement pension, widowed mother’s allowance or widow’s pension is payable to her under that sub-section, the widow of a person shall, notwithstanding the provisions of paragraphs (3) and (4) above, be entitled to a pension under paragraphs (1) and (2) above, but if after she has attained the age of sixty years she remarries or cohabits with another person the Trustees may direct that the pension be restricted to the guaranteed minimum pension to which she is entitled.
(7) Where a man dies in circumstances in which, apart from this paragraph, a widow’s pension calculated in accordance with paragraph (2) would be payable to a woman married by him within the period of six months ending with his death and it appears to the Trustees that his death within six months was to be foreseen by him at the date of the marriage, then if—
(a) there are no children of that marriage; and
(b) the man was married to the woman after the termination of his service in contracted-out employment in respect of which the widow’s pension is payable; and
(c) the rate of the widow’s pension payable to her would be in excess of the widow’s guaranteed minimum pension,
the Trustees may direct that any part of the widow’s pension which is in excess of the widow’s guaranteed minimum pension shall not be payable.
(8) Paragraph (7) shall apply in relation to a woman who has died on or after 6th April 1988 and her widower as it applies in relation to a man who has so died and his widow, save that the widower’s guaranteed minimum pension payable shall be the amount specified in paragraph (5)(b) above.

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Source: https://www.legislation.gov.uk/uksi/1993/3253/regulation/K2 (the official version)
Page: https://openlegislation.uk/parliamentary-pensions-consolidation-and-amendment-regulations-1993/regulation-K2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

