120.—(1) If a person who is the surviving spouse or civil partner of a deceased active, deferred or pensioner member has a guaranteed minimum under section 13(1) of the 1993 Act in relation to benefits in respect of the deceased member under this scheme—
(a)nothing in these [F1Regulations] permits or requires anything that would cause requirements made by or under that Act in relation to such a person and such a person’s rights under a scheme not to be met in the case of the person;
(b)nothing in these [F2Regulations] prevents anything from being done which is necessary or expedient for the purposes of meeting such requirements in the case of the person.
(2) Paragraphs (3) and (4) are without prejudice to the generality of paragraph(1).
(3) This paragraph applies if apart from this regulation—
(a)no pension would be payable to the surviving spouse or civil partner under this Part; or
(b)the weekly rate of the pensions payable would be less than the guaranteed minimum.
(4) If paragraph (3) applies—
(a)a pension the weekly rate of which is equal to the guaranteed minimum is payable to the surviving spouse or civil partner for life or, as the case may be, pensions the aggregate weekly rate of which is equal to the guaranteed minimum are so payable; or
(b)if paragraph (3)(b) applies, the pensions payable are increased to the amount specified in sub-paragraph (a).
(5) Paragraph (4) does not apply to a pension that is forfeited—
(a)as a result of a conviction for treason; or
(b)under regulation 165, in a case where the relevant offence within the meaning of regulation 165 is an offence under the Official Secrets Acts 1911 to 1989 [F3or an applicable offence under the National Security Act 2023] (2).
Textual Amendments
F1Word in reg. 120(1)(a) substituted (with effect in accordance with of the amending Rule) by The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/67), regs. 1(2), 37
F2Word in reg. 120(1)(b) substituted (with effect in accordance with of the amending Rule) by The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/67), regs. 1(2), 37
F3Words in reg. 120(5)(b) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023 (S.I. 2023/1267), reg. 1(2), Sch. para. 37(3)
Commencement Information
Section 13 was amended by the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) Art.3(1), Sch.1 para.42, the Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order (Northern Ireland) 2005 (S.R. 2005 No. 433) Sch.1 para.5, the Child Support, Pensions and Social Security Act (Northern Ireland) (2000 c.4) sections.52, 67, Sch. 5 Pt. 1 para.1 and Sch.3 Pt.3(4), the Pensions (Northern Ireland) Order 2005 (S.R. 2005 No. 255) Art.261(2) and the Pensions Act (Northern Ireland) 2008 (c.1.(N.I.))
()1989 c.6; see section 16(2) for the meaning of “Official Secrets Acts 1911 to 1989”