Limitation award to surviving spouse or civil partner with reference to date of marriage or civil partnershipN.I.
27.—(1) A surviving spouse or civil partner is not entitled to an ordinary pension under article 25 or an accrued pension under article 26 unless that person was married to, or had formed a civil partnership with, the deceased during a period before the deceased last ceased to be a regular firefighter.
(2) A surviving spouse or civil partner 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 III of Schedule 3.
(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 that the deceased’s service after 5th April 1988 bears to the whole of his pensionable service.
Commencement Information
I1ANNEX Scheme Pt. C art. 27 in operation at 1.4.2006 with effect in accordance with art. 1(2)(b), seeart. 1(2)