The Local Government Pension Scheme Regulations 1997

Surviving spouse’s guaranteed minimum pension

43.—(1) If the GMP rule applies, the pension to which a person is entitled under regulation 40 or 41 must be not less than the surviving spouse’s guaranteed minimum.

(2) The GMP rule applies if—

(a)the employment in which the deceased was a member was contracted-out employment; and

(b)he had a guaranteed minimum in relation to benefits under these Regulations.

(3) Paragraph (1) overrides any contrary provision in these Regulations except—

(a)regulation 49 (commutation of small pensions);

(b)regulation 111 (forfeiture); and

(c)regulation 112 (interim payments directions).