Entitlement to surviving adult’s pension
107.—(1) This regulation applies where a member was, at the date of the member’s death,—
(a)an active member of this scheme in relation to a continuous period of pensionable service of at least 12 months;
(b)a deferred member of this scheme; or
(c)a pensioner member of this scheme.
(2) If the member was a transition member with continuity of service, the continuous period of pensionable service mentioned in paragraph (a) includes the member’s period of pensionable service under the PCSPS(NI) before the closing date.
(3) The surviving adult of the member is entitled to payment for life of a surviving adult’s pension as follows—
(a)if the member was a pensioner member or would have become entitled to a full retirement earned pension had the member not died, a dependant’s earned pension;
(b)if a lower tier earned pension was payable as at the date of the member’s death, a dependant’s lower tier earned pension;
(c)if an upper tier top up earned pension was payable as at the date of the member’s death, a dependant’s upper tier top up earned pension;
(d)if the member was entitled to the immediate payment of a full retirement added (all beneficiaries) pension as at the date of the member’s death or would have become entitled to such a pension had the member not died, a dependant’s added pension.
(4) The scheme manager may withhold a surviving adult’s pension where—
(a)for a pension that would otherwise be payable to the surviving spouse, the member and the surviving spouse were married less than 6 months before the member’s death;
(b)for a pension that would otherwise be payable to a surviving civil partner, the civil partnership was formed less than 6 months before the member’s death.
(5) Paragraph (4) is subject to regulation 120 (guaranteed minimum pensions for surviving spouses and civil partners).