The Local Government Pension Scheme Regulations 1995

21.—(1) Where—

(a) a surviving spouse is entitled to a spouse’s short-term pension under regulation F1,

(b) if the deceased had ceased to hold his employment on the date of his death (otherwise than by reason of death), he would have been entitled to a retirement pension under Part D (whether or not payable immediately), and

(c) the deceased’s local government employment was new employment for the purposes of Part I,

then the annual rate of the short-term pension is a rate equal—

(i) if the retirement pension was not reduced under Part I, to the total of the spouse’s pensionable remuneration in the new employment and the annual rate of the retirement pension, or

(ii) if the retirement pension was so reduced, to the total of the spouse’s pensionable remuneration in the new employment and the annual rate, if any, at which the retirement pension was payable.

(2) So far as it is attributable to remuneration in the new employment, that spouse’s short-term pension is payable by the new administering authority, and, so far as it is not so attributable, by the former administering authority (if different).