PART 4ADDITIONAL REQUIREMENTS IN RELATION TO GUARANTEED MINIMUM PENSIONS
Period for the purposes of section 13(6) of the 1993 Act for which widower’s F3, widow’s or surviving civil partner’s guaranteed minimum pension is payableI113
1
Where a pension is payable by virtue of regulation 12(1)(a), the scheme is to make provision for the pension to be payable for the remainder of the widower’s F4, widow’s or surviving civil partner’s life.
2
Subject to paragraph (4), where a pension is payable by virtue of regulation 12(1)(b) but not by virtue of regulation 12(1)(a) or (c), the scheme is to make provision for the pension to be payable for the period during which the circumstances described in regulation 12(1)(b) continue to exist.
3
Subject to paragraph (4), where a pension is payable by virtue of regulation 12(1)(c), but not by virtue of regulation 12(1)(a), the scheme is to make provision for the pension to be payable for the remainder of the widower’s F5, widow’s or surviving civil partner’s life.
F13A
Where a pension is payable by virtue of regulation 12(1)(d) but not by virtue of regulation 12(1)(a), (b), (c) or (e), the scheme is to make provision for the pension to be payable for the period during which the circumstances described in regulation 12(1)(d) continue to exist.
3B
Subject to paragraph (4A), where a pension is payable by virtue of regulation 12(1)(e) but not by virtue of regulation 12(1)(a), (b), (c) or (d), the scheme is to make provision for the pension to be payable for the remainder of the widower’s F6, widow’s or surviving civil partner’s life.
F24
Subject to paragraph (5), there is excluded from the periods prescribed by paragraphs (2) and (3) any period—
a
after the time of any—
i
marriage, or
ii
formation of a civil partnership,
by the widower F7, widow or surviving civil partner whilst under pensionable age and which takes place after the earner’s death;
F8b
during which the surviving spouse or civil partner is under pensionable age and he or she and another person are living together as if spouses of each other; or
c
after the surviving spouse or civil partner has attained pensionable age if, immediately before he or she attained that age, he or she and another person were living together as if spouses of each other.
4A
Subject to paragraph (5), there is excluded from the period prescribed by paragraph (3B) any period—
a
after the time of any—
i
marriage, or
ii
formation of a civil partnership,
by the widower F9, widow or surviving civil partner which takes place after the earner’s death, or
F10b
during which the surviving spouse or civil partner and another person are living together as if spouses of each other.
5
The following provisions do not apply where a man became a widower before 5th December 2005—
F11za
paragraphs (4)(a)(i) and (4A)(a)(i) so far as they relate to a marriage involving two people of the same sex,
a
paragraph (4)(a)(ii), F12...
b
paragraph (4A)(a)(ii) F13, and
F14c
paragraphs (4)(b) and (c) and (4A)(b) so far as they relate to the living together of two people of the same sex.