Article 3 Widower’s guaranteed minimum pension

The following paragraph shall be inserted after article 9 of the principal Order:-

“Widower’s guaranteed minimum pension

9A

(1)

As from the death on or after 6th April 1989 (whether before or after attaining pensionable age) of a female office holder, her widower shall, subject to paragraphs (2) and (3), be entitled to receive, in relation to the pension provided for him by a scheme, a guaranteed minimum pension the weekly rate of which shall be not less than his guaranteed minimum as ascertained in accordance with section 36(3) of the Act of 1975^f1.

(2)

Paragraph (1) above shall apply in the circumstances prescribed under section 36(7A) of the Act of 1975^f2 and for the period prescribed under that sub-section.

(3)

Paragraph (1) above shall not apply:

(a)

if at the date of her death the office holder’s accrued rights to a guaranteed minimum pension have been extinguished under section 43(7) of the Act of 1975; or

(b)

if the widower’s accrued rights are extinguished under that sub-section.”.