Widow(er)’s guaranteed minimum pension
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| 6.19 |
This Rule shall apply equally to both male and female members.
Notwithstanding anything to the contrary in this Scheme, if any employment
of persons to whom this Scheme applies becomes contracted-out employment
by reference to this Scheme and if a member who has a guaranteed minimum
under Section 35 of the Social Security Pensions Act 1975, as amended, dies
(whether before or after attaining the age of 65 in the case of a male member
or 60 in the case of a female member) and leaves a widow(er):
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(i) |
she will, subject to this Rule, be paid a pension for life
unless-
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(a) |
the member’s accrued rights have been transferred from this
scheme in accordance with Regulations made under Section 38(1) of that Act,
as amended, or have been extinguished by payment of the appropriate state
scheme premium under that Act, or
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(b) |
her pension is forfeited under Rule 10.04(3), as a result
of a conviction for treason, or
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(c) |
her pension ceases under Rule 6.05 or 6.42(B);
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(ii) |
the weekly rate of such a pension will be not less than half
that guaranteed minimum, increased to the extent (if any) specified in Sections
35(6), 35(6A) and 35(6B) of that Act. (For the purposes of this Rule "weekly
rate" will have the meaning ascribed to it in Regulation 28(2) of the
Occupational Pension Schemes (Contracting-Out) Regulations 1984 (SI 1984
No. 380.)
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A pension paid to a widow(er) under this Rule will be limited
to the amount by which the widow(er)’s guaranteed minimum exceeds the aggregate
pension paid to her as a widow(er) under the other provisions of this Scheme.
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