SECTION 6: FAMILY BENEFITS
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Part 4 – Widower’s Pensions
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Eligibility for and amount of widower’s pension
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| 6.40 |
(1) |
This Part of Section 6 applies to all female pensionable members
(referred to as "members" in Rules 6.41(A) to 6.44 (C)) in service
on or after 1 February 1988 including members who had been paying contributions
under the voluntary arrangements in force until that date.
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It also applies to:
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(i) |
members who died on or before 31 January 1988 and who had
opted under the voluntary arrangements in force until that date; and
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(ii) |
members who have no service after 31 January 1988, but who
had opted to pay periodical contributions under the voluntary arrangements
in force until that date.
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(2) |
A member in service on 1 February 1988 who had until then
been paying additional periodical contributions to secure a widower’s pension
for a dependent husband under the voluntary arrangements in force until
that date will have the service covered by those voluntary contributions
taken into account in accordance with the Rules contained in this Part together
with the service covered by the compulsory contributions paid in respect
of her pensionable service from 1 February 1988 for the purposes of calculating
a widower’s pension.
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| 6.41(A) |
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 6.42(A)(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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References in this Part to an eligible widower shall be taken to refer also to a surviving civil partner of a female pensionable member and references to marriage shall be taken also to refer to civil partnerships.
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Meaning of "eligible" widower
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| 6.41(B) |
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(i) |
In the case of a member who was not in employment on or after
6 April 1988, and who would have reached her retiring age before that date,
"eligible widower" means a man to whom she was married at the
time of her death; provided that, if she dies while no longer in employment,
he must also have been married to her at some time while she was so employed.
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(ii) |
In the case of a member who was in employment on or after
6 April 1988, or who would have reached her retiring age on or after that
date, eligible widower means a man to whom she was married at the time of
her death, whether or not the marriage took place while she was in employment;
provided that, if the marriage took place after she was last in employment,
his eligibility for pension under Rule 6.42(A) shall be only in respect
of her reckonable service on or after 6 April 1988 including any enhancement
of service but excluding any added year the purchase of which was approved
before that date.
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