# The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) Order 2011, Article 4: Amendment of the Personal and Occupational Pension Schemes (Abatement of Benefit) Regulations 1987


(1) The Personal and Occupational Pension Schemes (Abatement of Benefit) Regulations 1987 are amended as follows.
(2) For regulation 3(1) (guaranteed minimum pension to which earner’s widow, widower, or surviving civil partner is treated as entitled after minimum contributions have been paid) substitute—
“(1) Where, in relation to any tax week, except a tax week such as is mentioned in paragraph (3), minimum contributions have been paid in respect of an earner, section 46 of the Act shall, in the circumstances specified in paragraph (2), have effect in relation to the earner’s widow, widower or surviving civil partner, as if the widow, widower or surviving civil partner were entitled to a guaranteed minimum pension at a rate equal to one-half of the rate described in regulation 2(2).”.
(3) For regulation 5(1) (guaranteed minimum pension to which earner’s widow, widower, or surviving civil partner is treated as entitled after minimum payments have been made) substitute—
“(1) Where, in relation to any tax week, except a tax week such as is mentioned in paragraph (3), minimum payments have been paid in respect of an earner, section 46 of the Act shall, in the circumstances specified in paragraph (2), have effect in relation to the earner’s widow, widower or surviving civil partner, as if the widow, widower or surviving civil partner were entitled to a guaranteed minimum pension at a rate equal to one-half of the rate described in regulation 4(2).”.

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Source: https://www.legislation.gov.uk/uksi/2011/1246/article/4 (the official version)
Page: https://openlegislation.uk/pensions-act-2008-abolition-of-protected-rights-consequential-amendments-order-2011/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.