5(1)This paragraph applies where —E+W+S
(a)the transferee dies after liability in respect of the pension compensation credit has been discharged under section 116,
(b)the transferee was before death entitled under paragraph 4 to periodic compensation commencing on the transfer day, and
(c)the transferee is survived by a widow, widower or surviving civil partner (“the surviving partner”).
(2)Subject to sub-paragraph (4), the surviving partner is entitled to periodic compensation commencing on the day following the transferee's death and continuing for life.
(3)The annual rate of the periodic compensation at any time is half of the annual rate of the periodic compensation (including [F1any actuarial increase under paragraph 16A and] any increases under paragraph 17) to which the transferee would at that time have been entitled under paragraph 4 had the transferee not died.
[F2(3A)If, on the day the transferee (“T”) died, commencement of T's periodic compensation under paragraph 4 was postponed by virtue of paragraph 16A, assume for the purposes of sub-paragraph (3) that the periodic compensation commenced immediately before the date of T's death.]
(4)The surviving partner is not entitled to periodic compensation under this paragraph in such circumstances as may be prescribed.
Textual Amendments
F1Words in Sch. 5 para. 5(3) inserted (13.3.2013) by Pensions Act 2011 (c. 19), s. 38(4), Sch. 4 para. 32(1)(a); S.I. 2013/585, art. 2(b)(iii)
F2Sch. 5 para. 5(3A) inserted (13.3.2013) by Pensions Act 2011 (c. 19), s. 38(4), Sch. 4 para. 32(1)(b); S.I. 2013/585, art. 2(b)(iii)
Commencement Information
I1Sch. 5 para. 5 wholly in force at 6.4.2011; para. 5 in force for certain purposes at Royal Assent see s. 149(2)(k); para. 5 in force so far as not already in force at 6.4.2011 by S.I. 2011/664, art. 2(3), Sch. Pt. 2