Key Features
Definition of Spouse
Where a pension is payable on the death of a member, it is paid to the ‘surviving spouse’, the person to whom he was married on his date of death. We have set out below clarification on the benefits payable to those in same sex marriages and civil partnerships.
Surviving spouse – opposite sex and same sex marriage
In the case of a member who was in an opposite sex marriage at his date of death, the member's spouse would be paid a pension of 50% (or less if they are more than 10 years younger than the member) of the member's pension.
With the introduction of same sex marriages in 2014, an amendment was made to the Scheme rules with effect from 27 November 2014, to make provision for a pension payable to a spouse in a same sex marriage, consistent with provision made in the rules for an opposite sex marriage. This means that, in the event of a member's death, a pension is payable to the spouse in respect of benefits accrued throughout the member's entire membership of the Scheme and is not limited to the legal minimum for same sex spouses to benefits accrued after 4 December 2005 only.
Surviving spouse – civil partnership
In the case of a member’s civil partner (as opposed to a same sex spouse), benefits payable on the death of a member are in respect of those accrued from 4 December 2005 onwards, which is in line with the statutory minimum requirements under the Equality Act 2010.
Example
The example below shows the pension paid out following the death of a member in different circumstances.
On the death of a member who was receiving an annual pension of £12,000 pa at date of death, of which £4,000 pa related to service accrued before 5 December 2005, and £8,000 pa related to service after 4 December 2005, then:
- If the member was in a same sex marriage, their spouse would be entitled to a pension of £6,000 pa, calculated as 50% of £12,000 pa. This would be the same as the benefit payable to a spouse in an opposite sex marriage.
- If the member was in a civil partnership, their spouse would be entitled to a pension of £4,000 pa calculated as 50% of £8,000 pa (the part of the benefit accrued after 4 December 2005).