Section 17 · The Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014

Contents

17Survivor benefits#

(1)Except where regulation 10(4) of these Regulations (interfund adjustments etc: deferred members rejoining after five year break in membership) applies, survivor pensions in the case of a survivor of a person who became an active member of the 2014 Scheme by virtue of regulation 5(1) of these Regulations (membership of the 2014 Scheme) are calculated by adding together the 2008 Scheme survivor pension and the 2014 Scheme survivor pension.

(2)Subject to paragraphs (16A) to (16F), 2008 Scheme survivor pensions for the purposes of paragraph (1) are calculated under the 2008 Scheme, notwithstanding the revocations effected by regulation 2 of these Regulations (revocation of regulations), taking account of the deceased member’s membership up to 31st March 2014 but—

(a)in the case of a death in service where a survivor benefit is payable under regulations 41 or 42 of the 2013 Regulations (survivor benefits for partners and children of active members), excluding any augmentation under regulation 20(2) of the Benefits Regulations (early leavers: ill-health), and

(b)using final pay calculated in accordance with regulations 8 to 11 of the Benefits Regulations (calculation of final pay) as if those Regulations were still in force.

(3)2014 Scheme survivor pensions for the purposes of paragraph (1) are calculated in accordance with the 2013 Regulations.

(4)Subject to paragraphs (16A) to (16F), where—

(a)a member did not accrue any membership in the 2014 Scheme but had pension rights under the Earlier Schemes, or

(b)a member did accrue membership in the 2014 Scheme and has pension rights under the Earlier Schemes that have not been aggregated with the rights in the 2014 Scheme,

the survivor pension in respect of the rights under the Earlier Schemes are calculated under the Earlier Schemes notwithstanding the revocations effected by regulation 2 of these Regulations (revocation of regulations).

(5)Subject to paragraph (8A), death grants in the case of a member who did not accrue any membership of the 2014 Scheme are calculated under the Earlier Schemes notwithstanding the revocations effected by regulation 2 of these Regulations (revocation of regulations).

(6)Subject to paragraph (7), death grants in the case of an active member who accrued any membership of the 2014 Scheme are calculated under regulation 40 of the 2013 Regulations (death grants: active members) regardless of whether the member had accrued any membership of the Earlier Schemes (excluding membership deriving from a pension credit).

(7)In the case of an active member of the 2014 Scheme who is also a deferred, deferred pensioner or pensioner member of the Earlier Schemes, if the amount of death grant that would have been payable if regulations 32 and 35 of the Benefits Regulations, or the corresponding provisions under any of the other Earlier Regulations, (death grants: deferred and pensioner members) still applied (subject to the modifications in paragraph (8A)) is higher than the amount that would be payable under paragraph (6), the death grant payable is that higher amount.

(8)Death grants in the case of a deferred, deferred pensioner or pensioner member of the 2014 Scheme who has membership accrued before 1st April 2014 are calculated by adding together the death grant calculated under the Earlier Schemes (subject to the modifications in paragraph (8A)) based on the membership accrued before 1st April 2014, and the death grant calculated under the 2014 Scheme based on membership after 31st March 2014.

(8A)For the purposes of determining whether and to whom a death grant is payable under the Earlier Schemes—

(a)the Benefits Regulations have effect as if—

(i)regulation 23(5) (death grants: active members) were omitted;

(ii)regulation 32(4) (death grants: deferred members) were omitted;

(iii)in regulation 35 (death grants: pensioner members)—

(aa)in paragraph (1) the words “before his 75th birthday” were omitted;

(bb)paragraph (4) were omitted;

(b)the 1997 Regulations have effect as if—

(i)in regulation 38 (death grants)—

(aa)in paragraph (1) the words “before his 75th birthday” were omitted;

(bb)paragraph (6) were omitted;

(ii)in regulation 155 (death grants)—

(aa)in paragraph (1) the words “before he attains the age of 70” were omitted;

(bb)paragraph (5) were omitted;

(c)the 1995 Regulations have effect as if regulation E8(5) (nomination of beneficiary of death grant) were omitted.

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(16A)For the purposes of determining eligibility of a person to survivor benefits under the Earlier Schemes—

(a)the Earlier Regulations have effect as if, for the definition of “eligible child” contained in—

(i)regulation 26 of the Benefits Regulations (meaning of “eligible child”),

(ii)regulation 44 of the 1997 Regulations (meaning of “eligible child”), and

(iii)regulation G2 of the 1995 Regulation (meaning of “eligible child”),

there were substituted the definition of “eligible child” contained in Schedule 1 to the 2013 Regulations (interpretation);

(b)the Benefits Regulations have effect as if—

(i)in regulation 1(4) (citation, commencement, interpretation and application) for the definition of “nominated cohabiting partner” there were substituted the definition of “cohabiting partner” contained in Schedule 1 to the 2013 Regulations (interpretation);

(ii)regulation 25 (meaning of “nominated cohabiting partner”) were omitted;

(iii)the word “nominated” were omitted from the following provisions—

(aa)regulation 14A(1) and (5) (election to pay additional contributions: survivor benefits);

(bb)regulation 24(1) (survivor benefits: active members);

(cc)regulation 33(1) (survivor benefits: deferred members);

(dd)regulations 36(1) (survivor benefits: pensioners);

(iv)in regulation 14A—

(aa)in paragraph (1), the words “(within the meaning of regulation 25)” were omitted;

(bb)in paragraph (2), for the words from “or 12 months” to the end there were substituted “or, if the member gave the appropriate administering authority a declaration to which paragraph (2A) applies, 12 months from the date of that declaration, whichever is the later.”;

(cc)after paragraph (2) there were inserted—“2A This paragraph applies to a declaration signed by the member (A) and another person (B) that for a continuous period of at least two years including the day on which the declaration is signed A and B have satisfied the condition that—a A is able to marry, or form a civil partnership with, B,b A and B are living together as if they were married or as if they were civil partners,c neither A nor B is living with a third person as if they were married or as if they were civil partners, andd either B is financially dependent on A or A and B are financially interdependent.”

(c)regulation 3(4) of the 2008 Scheme Transitional Regulations (membership accrued before 1st April 2008: active members) has effect as if “nominated” were omitted.

(16B)For the purposes of calculating the amount of survivor benefits payable to a person under the Earlier Schemes—

(a)subject to sub-paragraph (f), regulation 6(3) of the 2008 Scheme Transitional Regulations (survivor benefits) has effect as if—

(i)for “Regulation 42 of the 1997 Regulations continues” there were substituted “Regulations 42 and 42A of the 1997 Regulations continue”;

(ii)after “marries” there were inserted “or enters into a civil partnership”;

(b)any calculation of the survivor pension payable under the Earlier Regulations to—

(i)the surviving spouse of an opposite-sex marriage with a member,

(ii)the surviving spouse of a same-sex marriage with a member,

(iii)the surviving same-sex civil partner of a member, or

(iv)the surviving opposite-sex civil partner of a member,

is, subject to paragraph (16C), to be on the basis that the survivor is a widow, irrespective of the sex of the member;

(c)in respect of a calculation under sub-paragraph (b) where the member left under a scheme to which the 1995 Regulations, the 1997 Regulations, or regulation 6 of the 2008 Scheme Transitional Regulations apply, any reference to contracted out employment is to be read as including contracted in employment;

(d)sub-paragraph (b)(ii) does not apply where the member died before 1st April 2014 and the surviving spouse’s survivor benefit fell to be determined under the Benefits Regulations;

(e)sub-paragraph (b)(iii) does not apply where the member died before 1st April 2014 and the surviving same-sex civil partner’s survivor benefit fell to be determined under the Benefits Regulations;

(f)sub-paragraphs (a) and (b)(iii) do not apply where the member made an election to the appropriate administering authority between 1st April 2014 and 31st March 2015 inclusive that the survivor benefits payable to the member’s surviving civil partner should continue to be determined under the Benefits Regulations as they had effect immediately before 1st April 2014.

(16C)To the extent that it does not already do so, membership which is taken into account for the purposes of a calculation to which paragraph (16B)(b) applies includes—

(a)any membership that, if paragraph (16B)(b) had not applied, would otherwise have counted as membership for the purposes of regulation F8(3) of the 1995 Regulations or by virtue of regulation 4A(2) of the 1997 Transitional Regulations;

(b)relevant additional membership that, if paragraph (16B)(b) had not applied, would otherwise have counted as membership for the purposes of regulations 42 and 42A of the 1997 Regulations (reduction of some surviving spouses’ and civil partners’ pensions);

(c)membership that, if paragraph (16B)(b) had not applied, would otherwise have counted as membership under regulations F3, F4 or F5 of the 1995 Regulations by virtue of regulation F6 of those Regulations;

(d)for the purposes of paragraph (16B)(b)(i) and (iv) only, any membership that, if paragraph (16B)(b) had not applied, would have counted as membership under sub-paragraphs (a) to (c) if the member had been in a same-sex marriage or same-sex civil partnership at their date of death, irrespective of the sex or marital status of the member;

(e)for the purposes of paragraph (16B)(b)(ii) and (iii) only, any membership that, if paragraph (16B)(b) had not applied, would have counted as membership under sub-paragraphs (a) to (c) if the member had been in a opposite-sex marriage or opposite-sex civil partnership at their date of death, irrespective of the sex or marital status of the member.

(16D)Any calculation of the survivor pension payable under the Earlier Regulations to a cohabiting partner is only to take account of membership accrued by a member after 5th April 1988.

(16E)For the purposes of paragraph (16D), to the extent that it does not already do so membership includes—

(a)relevant additional membership that, disregarding the modifications made by regulation 3(5F)(c)(i) and (iii) and (d), would have counted as membership for the purposes of regulations 42 and 42A of the 1997 Regulations (reduction of some surviving spouses’ and civil partners’ pensions) if the member had been in a marriage or civil partnership at their date of death, irrespective of the marital status of the member; and

(b)any membership purchased under regulation 14A(5) of the Benefits Regulations (elections to pay additional contributions: survivor benefits).

(16F)Paragraph (16B)(b)(iv) is treated as having no effect before 31st December 2019.

(17)In this regulation—• “opposite-sex civil partnership” means a civil partnership formed between two persons who are not of the same sex;• “same-sex civil partnership” means a civil partnership formed between two persons who are of the same sex;• “surviving same-sex civil partner of a member” means a person who, at the time of a member’s death, was in a civil partnership with the member and was of the same sex as the member;• “surviving opposite-sex civil partner of a member” means a person who, at the time of a member’s death, was in a civil partnership with the member and was of the opposite sex to the member; and• “surviving spouse of a same sex marriage with a member” means a person who, at the time of a member’s death, was married to the member and was of the same sex as the member.

Contains public sector information licensed under the Open Government Licence v3.0.