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Paragraph 12

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

(1)

The widower of a woman who–

(a)

died during the period beginning on 6th April 1988 and ending with 31st December 1989 without having made an election under paragraph 9; and

(b)

either was in pensionable employment when she died or had ceased during that period to be so employed,

  • may make a corresponding election under this paragraph.

(2)

A married woman who–

(a)

ceased to be in pensionable employment during the period mentioned in sub-paragraph (1); and

(b)

on ceasing to be so employed did not immediately become entitled to payment of retiring allowances,

  • may make a corresponding election under this paragraph if the conditions in sub-paragraph (3) are satisfied.

(3)

The conditions are that–

(a)

she did not again enter pensionable employment; and (b) she has become entitled to payment of retiring allowances.

(4)

Where a woman to whom sub-paragraphs (2) and (3) would otherwise have applied dies before becoming entitled to payment of retiring allowances, her widower may make a corresponding election under this paragraph.

(5)

An election under this paragraph–

(a)

must be made by giving written notice to the Secretary of State within the appropriate period;

(b)

must specify the period in respect of which it is made; and

(c)

is to be treated as an election to make payment by Method B.

(6)

The appropriate period is–

(a)

where sub-paragraph (1) applies, the period beginning on 1st July 1989 and ending with 31st December 1989;

(b)

where sub-paragraphs (2) and (3) apply, 6 months from the date on which she became entitled to payment of retiring allowances; and (c) where sub-paragraph (4) applies, 3 months from the date of her death.