Regulation C4
Part IIIWidow’s Accrued Pension
1.—(1) Subject to paragraphs 2 and 3, the annual amount of a widow’s accrued pension shall equal a half of her husband’s deferred pension.
(2) For the purposes of sub-paragraph (1), the husband’s deferred pension shall be calculated without regard to—
(a)the restrictions on payments contained in Regulation B5(4), and
(b)the provisions for the reduction of a pension contained in Regulation B7(7) and (8)(b) (commutation), in Regulation B9(7) (allocation) and in Parts VII and VIII of Schedule B (reductions at state pensionable age and related to up-rating of widow’s pension),
and, where the pension has been commuted for a lump sum under Regulation B8 (commutation of small pensions), as if it had not been so commuted.
Where the husband died before 1st April 1987, any reference in this sub-paragraph to a provision of these Regulations shall be construed as including a reference to the corresponding provision of the former Regulations.
2. The amount of a widow’s accrued pension calculated in accordance with paragraph 1 shall be increased in accordance with Regulation E9 (increase by reference to the Pensions (Increase) Acts).
3.—(1) Subject to sub-paragraph (2), where in respect of any period a widow so elects, the weekly amount of her accrued pension in respect of that period shall not be calculated as aforesaid but shall be determined by reference to the rank held by her husband in accordance with Regulation E10 (flat-rate award).
(2) This paragraph shall only apply in the case of a widow whose husband was such a regular policeman entitled to reckon less than 5 years' pensionable service as is mentioned in Regulation B5(1)(b) (policeman’s deferred pension) if, by reason of the period of service or employment otherwise than as a regular policeman there mentioned, he was entitled to reckon a period of pensionable service which was not shorter than that period of service or employment.
4. Paragraph 1(1) has effect subject to paragraphs 7 and 8 of Part II of Schedule J.