62Pensions payable to surviving partners

62 Pensions payable to surviving partners

(1)  The surviving partner of a pensioner is entitled to a pension calculated at the rate specified in subregulation (2) if the pensioner, at the date of his or her death, was in receipt of a pension –

(a) [Regulation 62 Subregulation (1) amended by S.R. 2022, No. 11, Applied:31 Mar 2022] as mentioned in clause 2(3) of Part 4 of Schedule 3 , if the pensioner’s pension was calculated –

(i) by reference to a factor of 12; or

(ii) on the basis that the pension was to revert to the surviving partner of the pensioner; or

(b) calculated on the basis of the reversion of the pension to his or her surviving partner under regulation 59 ; or

(c) calculated by reference to a factor of 12 as specified in regulation 61(3) ; or

(d) calculated under Schedule 1 .

(1A)  [Regulation 62 Subregulation (1A) inserted by S.R. 2022, No. 11, Applied:31 Mar 2022] A surviving partner of a pensioner is not entitled to an amount under subregulation (1) in respect of a period if the person received an amount under regulation 62A(1) in respect of that period.

(2)  The pension payable to a surviving partner under subregulation (1) is payable at the rate of two-thirds of the pension that the pensioner was receiving immediately before the death of the pensioner.

(3)  A pension being paid to a surviving partner arising from the death of an existing contributor or a pensioner ceases to be paid with effect from the date of death of that surviving partner.

(4)  A pension that has been calculated on the basis that there is to be no reversion of that pension to a surviving partner on the death of a pensioner ceases to be paid with effect from the date of death of that pensioner.