Regulation M2 Guarantees for widows and widowers

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

regs M2 - M7 am by Parliamentary Pensions 2007 reg 4
regs M2, M3 am (heading am) (retrosp) (to 3.11.2004) by Parliamentary Pension 2005 regs 1(4), 17(1), 18(1)
regs M2–M7 am (retrosp) (to 3.11.2004) by Parliamentary Pension 2005 regs 1(4), 17(2)–(5), 18(2), 19, 20(2)–(8), 21, 22
reg. M2-M6 substituted by Parliamentary Pensions 2006 reg. 9(5)

(1)

Where a pensioner Member dies during the pensioner Member’s five year period and is survived by a widow or widower, paragraphs (2) to (6) of this regulation shall apply.

(2)

If for any part of the pensioner Member’s five year period, the aggregate of the following amounts namely—

(a)

the amount payable to the widow or widower by way of pension under regulation K2 apart from this paragraph (including any enhancement payable under regulation K5); and

(b)

any amount which (by direction of the Trustees under regulation K3(4)) is payable by way of pension under regulation K3 for the benefit of any relevant child or children of the deceased pensioner Member,

is less than the amount mentioned in paragraph (3) of this regulation, then for that part of that period the difference shall be payable to the widow or widower.

(3)

The said amount is the amount which, if the deceased pensioner Member had lived, would have been payable to him for the part of the pensioner Member’s five year period in question by way of pension under regulation F1 (including an early retirement pension or an ill-health pension payable by virtue of regulation H1, J1 or J3).

(4)

If the widow or widower of the deceased pensioner Member dies during the pensioner Member’s five year period, there shall be paid to the personal representatives of the widow or widower a lump sum which shall be calculated by deducting the amount mentioned in sub-paragraph (a) below from the amount mentioned in sub-paragraph (b) below—

(a)

the total of any pensions which (by direction of the Trustees under regulation K3(4)) would have been payable under regulation K3 for the benefit of any relevant child or children of the deceased pensioner Member if the annual sum payable under regulation K3(2) (after the death of the widow or widower of the deceased pensioner Member) in respect of each relevant child had continued during the period ending on the pensioner Member’s children’s prospective pension end date for that child;

(b)

the amount which would have been payable to the deceased pensioner Member if the annual amount of the pension to which he was entitled under regulation F1 (including an early retirement pension or an ill health pension payable by virtue of regulation H1, J1 or J3) were to have been paid to him during the remainder of the pensioner Member’s five year period.

(5)

In this Part, “the pensioner Member’s five year period” means the period of five years beginning with the day on which he became entitled to receive a pension or pensions under regulation F1 (including an early retirement pension or an ill health pension payable by virtue of regulation H1, J1 or J3).

(6)

In this Part, “the pensioner Member’s children’s prospective pension end date” means, in respect of any relevant child of a deceased pensioner Member the sooner of,

(a)

(i)

the date before that on which that child reaches seventeen years of age; or

(ii)

if the child is within his period of full time education as defined by Schedule 6, such later date as the Trustees may determine being no later than the date before that on which the child reaches twenty two years of age;

and

(b)

the end of the pensioner Member’s five year period.