Section 36Part 6 — Benefits
Joint and survivor pension benefits
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Every pension paid under a pension plan to a former member who has a spouse or civil partner on the date that the payment of the first instalment of the pension is due shall be a joint and survivor pension and the pension payable to the spouse or civil partner on the death of the member shall be of an amount equivalent to one hundred per cent of the pension paid to the member.
The actuarial present value of a joint and survivor pension under subsection (1) shall not be less than the actuarial present value of the pension that would be payable under the pension plan to the former member but for subsection (1).
Subsections (1) and (2) do not apply —
in respect of a pension benefit if payment of the pension has commenced before the 1st June, 1998; or
in respect of the portion of a pension that relates to a prescribed ancillary benefit.
Where —
prior to the 1st June, 1998 a deferred life annuity has been purchased from an approved provider for a person entitled to a deferred pension under this Act;
payments have not commenced under the annuity on the 1st June, 1998; and
the recipient of the payments has a spouse or civil partner on the date payments commence,
the annuity shall be paid as a joint and survivor pension in accordance with the requirements of this section, and the approved provider shall make payments accordingly.
Where a former member dies leaving a surviving spouse or civil partner and dependent children, the spouse or civil partner shall receive and hold fifty per cent of the spouse's or civil partner's pension to be used for their maintenance, benefit and education until such time as the children attain the age of twenty-three or cease their full-time education, whichever shall be the earlier.
In a case where there is need, in the interests of the children, the Director of Social Services shall have power to apply to the Court for an order appointing a trustee to receive up to fifty per cent of the pension payable to the surviving spouse or civil partner and to apply it for the benefit of the children in accordance with subsection (5).
Defined Terms
joint and survivor pensionspousecivil partner