SECTION 6: FAMILY BENEFITS
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Part 1 – Pensions for widows of members with two
or more years’ service or dying after retiring age
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Eligibility for and amount of widow’s pension
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Eligibility for widow’s pension
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| 6.01 |
Subject to Rule 6.14, if a member:
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(i) |
dies in service
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(a) |
after 5 April 1978, on or after reaching retiring age or in
such other circumstances that a Contributions Equivalent Premium cannot
be paid; or
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(b) |
on or before 5 April 1988 with 5 or more years’ qualifying
service or
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(c) |
after 5 April 1988 with 2 or more years’ qualifying service
or
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(d) |
and was formerly entitled to rights under a personal pension
scheme in respect of which a transfer payment has been made to this Scheme,
or
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(ii) |
Subject to Rule 6.04(3), dies after leaving employment with
a pension under Rule 4.03, an ill-health pension under Rule 5.01 or 5.04,
or a preserved pension under Rule 5.09;
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and leaves an eligible widow, a widow’s pension will be paid
in accordance with the provisions of this Part of this Section.
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References in this Part to an eligible widow shall be taken to refer also to a surviving civil partner of a male pensionable member and references to marriage shall be taken also to refer to civil partnerships.
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Meaning of "eligible widow"
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| 6.02 |
In the case of a member who was not in employment on or after
6 April 1978, and who would have reached his retiring age before that date,
"eligible widow" means a woman to whom he was married at the time
of his death; provided that, if he dies while no longer in employment, she
must also have been married to him at some time while he was so employed.
In the case of a member who was in employment on or after 6 April 1978,
or who would have reached his retiring age on or after that date, "eligible
widow" means a woman to whom he was married at the time of his death,
whether or not the marriage took place while he was in employment; provided
that, if the marriage took place after he was last in employment, her eligibility
for a pension under Rule 6.04 shall be only in respect of his reckonable
service on or after 6 April 1978, including any enhancement of service (except,
in the case of a former non industrial scheme member, the enhancement referred
to in proviso (c) to Rule 6.04) but excluding any added year the purchase
of which was approved before that date or, in the case of a former non industrial
scheme member, which was purchased at any time by an ex-civil servant within
the category specified in Rule 6.14.
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Amount of pension for first 91 days of widowhood
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| 6.03 |
For the first 91 days after her husband’s death a widow’s
pension payable in accordance with Rule 6.04 will be increased:
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(i) |
if the member dies in service, to his rate of pensionable
final earnings (calculated where appropriate in accordance with Rule 6.37);
or
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(ii) |
if the member dies after leaving employment, to the rate of
pension (including any increase under Rule 4.40) to which he was entitled
under this Scheme immediately before his death, including in respect of
a death occurring on or after 2 September 1986, any payments made under
Appendix 7 provided that this does not result in a reduction in the total
widow’s and children’s pension payable under this Part and Part 2.
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Provided that:
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(a) |
if the member dies in service on or after 1 April 1980 and
leaves one eligible child or more in his widow’s care, the period of 91
days aforesaid will be extended to 182 days;
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(b) |
if the member dies in service before 1 April 1980 with less
than 5 years qualifying service, in circumstances such that Rule 6.01(i)(a)
applies, and leaves one eligible child in his widow’s care, the period of
91 days aforesaid will be extended to 137 days; and, if she has care of
more than one eligible child, the extension will be to 182 days;
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(c) |
if the member dies on or after 1 April 1980 after leaving
employment so that Rule 6.01(ii) applies, and there is one eligible child
or more in the widow’s care, the period of 91 days aforesaid will be extended
to 182 days;
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(d) |
if the member dies in service or after leaving employment
on or after 1 January 1986, in circumstances which satisfy the qualifying
conditions of Rule 7.12 of Appendix 7, the widow’s pension will be paid
for 182 days.
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(e) |
notwithstanding paragraphs (a),(b),(c),and (d); of this Rule,
where death occurred before 1 January 1986, no payment will be made under
this Rule after 91 days after the member’s death if an annual allowance
under Rule 7.12 of Appendix 7 or equivalent thereto is in payment.
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If the member had made an allocation under Rule 4.15, or had commuted his ill health pension under rule 5.01(a), then for the purposes of this Rule, the amount of pension he was receiving will be deemed to be the amount he would have received but for the allocation or the commutation. References in this Rule to a member’s pension will be taken to include a continuing annual payment or pension under Rule 8.06(b) of Appendix 8 in the case of a former non industrial scheme member or Rule 8.16 of Appendix 8.
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