Paragraph 1 Widows of men with service between 1st January 1972 and 1st August 1978

The widow of a man who was a participant on or after 1st January 1972 and who has not been a participant at any time after 1st August 1978 shall be entitled to receive a pension under this paragraph if her late husband, at the time of his death,

Subject to paragraph (8) below, the annual amount of a pension payable under this paragraph 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.

Subject to sub-paragraphs (4) and (6), a pension payable under this paragraph 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.

No pension shall be payable under this paragraph 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 and that there are exceptional reasons for the payment of the pension.

Where the employment of any participant to whom these Regulations apply was contracted-out under Part III of the Pensions Act 1975 and he has a guaranteed minimum pension under these Regulations his widow shall, upon his death, notwithstanding the provisions of paragraphs (3) and (4), 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, notwithstanding any provision of these Regulations to the contrary.

During any period specified in section 36(6) of the Pensions Act 1975 ^f1 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 subsection, the widow of a participant shall, notwithstanding the provisions of sub-paragraphs (3) and (4) above, be entitled to a pension under sub-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.

Where a man dies in circumstances in which, apart from this sub-paragraph, a widow’s pension calculated in accordance with sub-paragraph (2) would be payable to a woman married by him within the 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—

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.

The annual amount of a pension payable to a widow whose husband died on or before 5th April 1988 shall be one-half of the basic or prospective pension or pensions of her late husband.