PART 8Death benefits
CHAPTER 1Pensions for surviving adults
Entitlement to surviving adult’s pension107
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).