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Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
(1) If—
(a)a recent leaver dies leaving a surviving spouse or civil partner who has a guaranteed minimum under section 17 of the 1993 Act in relation to benefits in respect of the recent leaver under [F1this Section of] the Scheme, and
(b)the member has died before reaching the age of 65,
the surviving spouse or civil partner is entitled to a pension that is payable for life of an amount equal to that person’s guaranteed minimum pension (disregarding any additional pension), unless paragraph (2) applies.
(2) This paragraph applies if the Secretary of State’s liability to provide a guaranteed minimum pension in respect of the surviving adult is discharged by the payment of a contributions equivalent premium under section 55(2) of the 1993 Act.
(3) In this Part “recent leaver” means a person—
(a)who left pensionable service less than 12 months before the date of death,
(b)who is not a deferred member or a pensioner member because of rights resulting from that employment, and
(c)in respect of whom no transfer value or refund of contributions has been paid in respect of that employment.
Textual Amendments
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