PART 9Death benefits
CHAPTER 4Payment of pensions for surviving adults and eligible children
Guaranteed minimum pensions for surviving spouses and civil partners150
1
This regulation applies in relation to a person (P) who is the surviving spouse or civil partner of a deceased active, deferred or pensioner member has a guaranteed minimum under section 1383 of the 1993 Act in relation to the member’s benefits under this scheme.
2
Nothing in these Regulations permits or requires anything that would cause requirements under the 1993 Act that relate to such a person or that relate to the rights of such a person not to be met in relation to P;
3
Nothing in these Regulations prevents anything from being done which is necessary or expedient for the purpose of meeting such requirements in the case of P;
4
The following paragraphs are without prejudice to the generality of paragraphs (2) and (3).
5
If apart from this regulation a pension would be payable to P under this Part—
a
a pension the weekly rate of which is equal to the guaranteed minimum is payable to P for life; or
b
pensions the aggregate weekly rate of which is equal to the guaranteed minimum are so payable.
6
If apart from this regulation the weekly rate of a pension payable to P under this Part would be less than the guaranteed minimum, the pensions payable are increased to the amount specified in paragraph (5).
7
Paragraphs (5) and (6) do not apply to a pension that is—
a
forfeited as a result of a conviction for treason; or
b
forfeited under regulation 206 where the relevant offence within the meaning of that regulation is an offence under the Official Secrets Acts 1911 to 198984.