The Pensions Act 2011(Transitional, Consequential and Supplementary Provisions) Regulations 2014

Modification of the Pension Protection Fund (Compensation) Regulations 2005 where there is no provision for a survivor’s pension

60.  In a case where—

(a) immediately before the assessment date—

(i) under the admissible rules of an eligible scheme a member is entitled to present payment of a pension under an occupational pension scheme; and

(ii) that pension does not include the provision of a survivor’s pension in the event of the member’s death;

(b) the member is entitled, from the assessment date, to compensation under paragraph 3 or 5 (pension benefits postponed at assessment date) of Schedule 7 to the 2004 Act; and

(c) the member dies on or after the assessment date,

regulation 3 of the Pension Protection Fund (Compensation) Regulations 2005 (circumstances where a widow or widower is not entitled to payment of periodic compensation)(1) has effect as if for paragraph (b) there were substituted—

“(b) no provision to pay a survivor’s pension—

(i) under the admissible rules of the scheme; or

(ii) because the member has chosen a pension under the scheme which does not include the provision of a survivor’s pension.”.

(1)

S.I. 2005/670.