91.—(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 Pension Schemes Act in relation to benefits in respect of the deceased member under this scheme—
(a)nothing in these regulations 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 regulations 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 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 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 paragraph (a).
(5) Paragraph (4) does not apply to a pension—
(a)that is forfeited—
(i)as a result of a conviction for treason, or
(ii)in a case where the relevant offence under regulation 173 (forfeiture: offences committed by members, surviving partners or eligible children) falls under paragraph (b) of the definition in that regulation of “relevant offence” (Official Secrets Acts offences); or
(b)where that pension is commuted under regulation 169 (commutation of small pensions) where the conditions in regulation 60 of the Occupational Pension Schemes (Contracting-out Regulations) (Northern Ireland) 1996(2) are met.
Section 13 was amended by the Social Security Contributions (Transfer of Functions, etc) (Northern Ireland) Order 1999 (S.I. 1999/671), Schedule 1 paragraph 42. The child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) (NI), Schedule 5 paragraph 1 and Schedule 9 Part 3; the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (NI 1)) article 261(2); the Pensions Act (Northern Ireland) 2008 (c.1) (NI) section 12(2) and SR 2005 No 433.
SR 1996 No 493. Article 60 was substituted by SR 2006 No 223, SR 2009 No 365 and SR 2010 No 108.