OpenLegislation

Regulation M5 Remarriage or cohabitation of surviving spouse

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

(1)

If during a deceased pensioner Member’s five year period—

(a)

the widow or widower of that deceased pensioner Member remarries or cohabits with another person; and

(b)

the Trustees direct that the widow’s or widower’s pension be paid or restored under regulation K2(3) or (4);

the Trustees may direct that payments under regulation M2(2) shall continue until the end of the pensioner Member’s five year period or until such earlier date as the Trustees may in their discretion think fit.

(2)

If, during a deceased pensioner Member’s five year period

(a)

the widow or widower of that deceased pensioner Member remarries or cohabits with another person; and

(b)

the Trustees direct that only the guaranteed minimum pension to which the widow or widower is entitled to be paid;

the Trustees may direct that a lump sum be paid to the personal representatives of the deceased calculated as follows:

(i)

if the Trustees direct under regulation K3(3) that the pensions payable to any relevant child or children of the deceased shall for exceptional reasons be payable, by deducting the total of the guaranteed minimum pension payable to the widow or widower during the remainder of the pensioner Member’s five year period from the amount calculated in accordance with regulation M3(2); or

(ii)

otherwise, by deducting the total of the guaranteed minimum pension payable to the widow or widower during the remainder of the pensioner Member’s five year period from the amount calculated in accordance with regulation M4(2);

or, in either case, any such lesser sum as the Trustees may in their discretion think fit.