Married spouse
In the event of the death of a Scheme member, spouses pensions are paid to a married spouse only.
Civil Partnerships
From 5th December 2005 the Civil Partnership Act 2004 allows same sex partners to register a civil partnership. As a result of this, civil partners will be paid dependants benefits based on scheme membership from 6 April 1988 only.
Nominated Cohabiting Partners
In addition to existing provisions for husbands, wives and civil partners, the Scheme includes a cohabiting partner's pension for dependant partners in both opposite and same sex relationships. The definition of a qualifying partner is:
- You must have lived with your partner in a permanent exclusive relationship for a minimum of two years.
- You must be legally free to marry or to enter into a civil partnership.
- You and your partner are living together as if you were husband and wife or as if you were civil partners.
- You and your partner must be financially interdependent.
Any nomination for a partner's pension will be void if the conditions above have not been continuously met for at least two years on the day the partnership declaration has been signed.
This benefit is paid if you die whilst still an active member of the Scheme. The benefit is a tax free lump sum equal to three times your actual final pensionable pay. You can nominate a beneficiary to receive this grant using the death grant nomination form in the forms section of the site.
Married Spouse - as long as you have at least three months membership (or you have transferred benefits in from another pension scheme) your spouse will receive a pension based on 1 / 160th of the pensionable membership you would have received had you retired under a Tier 1 ill heath pension.
Civil Partnerships/Nominated Cohabiting Partners - the Civil Partnership Act 2004 allows same sex partners to register a civil partnership. If a Scheme member who has a civil partner/nominated cohabiting partner dies, their partner will be entitled to a dependants pension calculated the same way as a married spouse pension but only Scheme membership from April 1988 onwards.
(Please see table below for details of benefits payable).
|
Status |
Benefit |
|
Not legally married |
No spouses pension payable |
|
Married female / All Civil Partners/Nominated Cohabiting Partners |
Half rate widower’s / civil partners / nominated cohabiting partners pension based on all Scheme membership from 6th April 1988 |
|
Married Male |
Half rate widow’s pension based on all Scheme membership |
Death after retirement grant
If you die within 10 years of retiring, your estate or nominated beneficiary will receive a lump sum payment equal to 10 times your annual pension less any pension already paid.
Your spouse, civil partner of nominated cohabiting partner will receive a pension based on 1/160th of the Scheme membership your pension was based on. However, for partner and cohabiting partner pensions the membership is only from 6 April 1988.
|
Status |
Benefit |
|
Not legally married |
No spouses pension payable |
|
Female who retired before 6 April 1988 |
No widower’s or civil partners pension payable |
|
Married Female who retired before 1 April 1998 |
Half rate widower’s pension based on all Scheme membership from 6 April 1988 |
|
Married Female who retired post 1 April 1998 |
Half rate widower’s pension based on all Scheme membership after 1 April 1972 (If Employer has made discretion) |
|
Nominated Cohabiting Partners / All Civil Partners |
Half rate Nominated Cohabiting / civil partners pension based on all Scheme membership from 6 April 1988 |
|
Married Male whose marriage took place before retirement benefits were paid. |
Half rate widow’s pension based on all Scheme membership |
|
Married Male whose marriage took place after retirement benefits were paid |
Half rate widow’s pension based on Scheme membership after 5 April 1978 |
Children's pensions
Your children may also be eligible to receive a pension after you die. For the purposes of the LGPS, a child is someone who, at the time of your death is:
- Under the age of 18
- Between the ages of 18 and 23 but in continuous full-time education
- Physically or mentally impaired, which has a substantial and long-term adverse effect on their ability to carry out day to day activities
A long-term pension will be paid for as long as the child continues to meet the above conditions. The rate of pension depends on how many children you have and whether your spouse / civil partner / cohabiting partner is receiving a long-term pension.
Pension Regulations have, since 1995, contained provisions whereby maintenance (known as earmarking) can be paid from a member’s pension to their ex-spouse under a Court direction.
From 1 December 2000 new “Pensions Sharing” Regulations came into force with respect to divorce or annulment (but not judicial separation) proceedings which commenced on or after that date.
The provisions are not compulsory. They can provide an alternative to the current earmarking arrangements. The Regulations provide that both parties are given information about the value of the member’s pension and the Courts can take this into account in any financial settlement. If the Courts so direct, the settlement may include a Pension Sharing Order. Such Orders entitle the ex-spouse to a Pension Credit and the Scheme member’s pension will be reduced by an equivalent debit.
The Pension Credit will, in effect, give the ex-spouse part of the member’s pension based on the member’s service at the date of the Court Order. In the LGPS the Pension Credit can be taken as a pension benefit at age 65, or can be transferred to another pension scheme. Pension credits can be transferred out of, but not into the LGPS.
The Pensions Section is obliged to provide information when requested by solicitors acting for either party in divorce or annulment proceedings. Charges are levied for the provision of this information.
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