Surviving spouse’s guaranteed minimum pension
45.—(1) If the guaranteed minimum pension rule applies, the pension to which a person is entitled under regulation 42 or 43 must be not less than the surviving spouse’s guaranteed minimum.
(2) The guaranteed minimum pension rule applies if –
(a)the employment in which the deceased was a member was contracted-out employment; and
(b)he had a guaranteed minimum in relation to benefits under these Regulations.
(3) Paragraph (1) overrides any contrary provision in these Regulations except–
(a)regulation 51 (commutation of small pensions);
(b)regulation 114 (forfeiture); and
(c)regulation 115 (interim payments directions).