SECTION 6: FAMILY BENEFITS
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Balance of contributions for widower’s pension
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Account of contributions for widower’s pension
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| 6.43(A) |
When a member dies in service or withdraws from the Scheme
or leaves employment, account of contributions for a widower’s pension shall
be taken in accordance with the next two Rules for the purpose of ensuring
that contributions have been or are paid:
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(i) |
in the case of a member who is married when she withdraws
from the Scheme or her employment ceases:
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(a) |
for her reckonable service between 1 February 1988 and 5 April
1988 (which for the purposes of the sub-rule shall include both earlier
reckonable service in respect of which she has opted to purchase pension
credit under Rules 2.06(1), 2.06(2) and 3.36 and earlier reckonable service
to which Rule 6.40(2) applies); and
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(b) |
for any enhancement of her reckonable service under the second
sentence of Rule 6.42(A) if she dies in service or under Rule 5.01 or 5.04
if she is retired on medical grounds or, in the case of a former non industrial
scheme member, under Rule 8.04 of Appendix 8, if she is retired prematurely
(in the public interest or on other grounds);
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(c) |
for her reckonable service on or after 6 April 1988; for
this purpose reckonable service includes service which is disregarded under
Rules 4.51, 4.52 or 4.53, and if her reckonable service during the period
beginning on 6 April 1988 exceeds 40 years by the retiring age or 45 years
in total, the limits in Rule 3.07 will not apply for the purposes of this
Rule.
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(ii) |
in the case of a member who, when she withdraws from the Scheme
or her employment ceases, was never married, or who was married but is no
longer married, including one to whom Rule 6.40(2) applies, for the aggregate
of:
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(a) |
her reckonable service on or after 6 April 1988 (including
any added year approved for purchase on or after that date); except that,
if she dies in service or withdraws from the Scheme or leaves employment
without qualifying for payment of a pension to her widower under Rule 6.40
and without applying for a transfer value under Part 1 of Section 9, account
shall be taken only of her reckonable service (if any) before her last marriage
(if any) ended; For the purposes of this Paragraph reckonable service includes
service which is disregarded under Rules 4.51, 4.52 or 4.53, and if her
reckonable service during the period beginning on 6 April 1988 exceeds 40
years by the retiring age or 45 years in total the limits in Rule 3.07 will
not apply for the purposes of this Rule;
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(b) |
any enhancement of her reckonable service under Rule 5.01
or 5.04 if she is retired on medical grounds or, in the case of a former
non industrial scheme member, under Rule 8.04 of Appendix 8, if she is retired
prematurely (in the public interest or on other grounds)
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(c) |
her reckonable service between 1 February 1988 and 5 April
1988 (including earlier reckonable service in respect of which she has opted
to purchase pension credit under Rule 2.06(1), 2.06(2) and 3.36 and earlier
reckonable service to which Rule 6.40(2) applies); except that:
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(1) |
if she never had a husband while she was a member of any of
the Authority’s superannuation schemes, none of her reckonable service shall
be taken into account;
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(2) |
if a female member who has been making additional contributions
under the voluntary arrangements in force until 1 February 1988 died in
service or left employment before 6 April 1988, being unmarried at the time
or if she was in service on 5 April 1988, being unmarried on that date,
account under sub-paragraph (c) shall be taken only of reckonable service
(prior to 6 April 1988) before the date when her last marriage (if any)
ended.
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Where before 7 October 1992 a member’s reckonable service
is limited under Rule 3.07 to 40 years by retiring age or 45 years in total,
then for the purposes of this Rule the limit shall be applied only to reckonable
service for which an account is required under this Rule, and shall be so
applied by limiting reckonable service which relates to service before 6
April 1988. Where, in the case of a former non industrial scheme member,
the member’s reckonable service has been enhanced under Rule 8.04 of Appendix
8 on the basis of the first proviso to that Rule, pensionable final earnings
shall be calculated for the purpose of the Rule, the next two Rules and
Rule 6.42(A) as it would be at age 60 on the assumptions specified in the
said proviso.
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