38Re-instatement of pension cancelled on the ground of re‑marriage

38 Re-instatement of pension cancelled on the ground of re‑marriage (1) This section applies to a person who— (a) received a pension under section 36 or 37 as the partner of a deceased revised scheme member or pensioner; and (b) as a result of re-marriage, had their entitlement to that pension cancelled. (2) A person to whom this section applies may apply in writing to the Board to receive a pension under section 36 or 37. (3) The Board must grant an application made under subsection (2) if the Board is satisfied that— (a) the applicant is a person to whom this section applies; and (b) the applicant would be entitled to a pension under section 36 or 37 as the partner of a deceased revised scheme member or pensioner but for the re-marriage. (4) If the Board grants an application made under subsection (2), the person is entitled to be paid a pension in accordance with section 36 or 37 as from the date on which the application was made.