Limitation on award to spouse or civil partner by reference to date of marriage or formation of partnershipN.I.
3.—(1) A surviving spouse or civil partner is not entitled to a special pension under rule 1 or an augmented pension under rule 2 unless he was married to, or had a civil partnership with, the deceased during a period before the deceased last ceased to be a regular firefighter.
(2) A surviving spouse who, but for paragraph (1), would be entitled to a pension mentioned in that paragraph, is instead entitled to a pension calculated in accordance with Part 2 of Schedule 2.
(3) A surviving civil partner who, but for paragraph (1), would be entitled to a pension mentioned in that paragraph, is instead entitled to a pension of such amount as bears to the pension to which, under paragraph (2), he would have been entitled had he been the deceased’s surviving spouse, the same proportion of that the deceased service after 5th April 1988 bears to the whole of his pensionable service.
Commencement Information
I1Annex Scheme Pt. 3 rule 3 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)