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PART IIPRIMARY PROVISIONS

CHAPTER IVBENEFITS

Surviving spouses' pensions

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).