Regulation K5 Enhancement of initial widows' and widowers' pensions
In this regulation “the three month period”, in relation to a person who has died, means the period of three months beginning with the day following the date of his death.
Where the widow of a man who—
has been a participating Member at any time on or after 2nd August 1978; and
was at the time of his death a pensioner Member,
is entitled to receive a pension under regulation K2, paragraphs (3) and (4) of this regulation shall apply.
If, for any part of the three month period, the aggregate of the following amounts, namely—
the amount payable to her by way of pension under regulation K2 apart from this paragraph; and
any amount which (by direction of the Trustees under regulation K3(4)) is payable to her by way of pension under regulation K3 for the benefit of any relevant child or children of the deceased,
is less than the amount mentioned in paragraph (4) below, then for that part of that period the amount payable to her by way of pension under regulation K2 shall be increased by the difference.
The said amount is the amount which, if the deceased had lived, would have been payable to him for the part of the three month period in question by way of pension under one or both of regulation F1 and regulation F3 or under section 7 or section 9 of the 1972 Act.
Where a man has died and, at the time of his death, he was a participating Member, paragraphs (6) and (7) of this regulation (so far as applicable) shall apply if his widow is entitled to receive a pension under regulation K2 or if a children’s pension under regulation K3 is payable for the benefit of any relevant child or children of his.
If, for any part of the three month period, the aggregate of the following amounts, namely—
the amount payable to the deceased’s widow by way of pension under regulation K2 apart from this paragraph; and
any amount which (by direction of the Trustees under regulation K3(4) is payable to her by way of pension under regulation K3 for the benefit of any relevant child or children of the deceased,
is less than the amount mentioned in paragraph (7) below, then for that part of that period the amount payable to her by way of pension under regulation K2 shall be increased by the difference.
The said amount is the amount which would have been payable to the deceased for the part of the three month period in question if—
the deceased had lived and had at the material time become entitled to a pension under regulation F1; and
the annual amount of that pension had been—
in the case of a person who held or has held the office of Prime Minister and First Lord of the Treasury or Speaker of the House of Commons, a sum equal to his salary as a Member of the House of Commons pursuant to an effective resolution at the rate in force at the material time; or
in the case of any other person, a sum equal to the Member’s ordinary salary at the rate in force at the material time.
In this paragraph “the material time” means the time when the deceased in fact died.
The preceding provisions of this regulation are without prejudice to paragraphs (3), (4), (7) and (8) of regulation K2 (duration of widow’s pension, and restrictions on payment).