The Railways Pension Scheme Order 1994

Pensions for Legal Spouse and Eligible Dependants

7D  If 4 weeks after the Member’s death there is no Eligible Spouse alive then a pension shall be payable to the Member’s Legal Spouse (if any) and to the Member’s Eligible Dependants (if any).

The amount of the Legal Spouse’s pension payable shall be half the annual equivalent of the Member’s GMP. It shall be payable from the day following the Member’s death and shall cease on the death of the Legal Spouse.

The total amount of pension payable to the Eligible Dependants (ignoring the next paragraph) and to the Legal Spouse shall not exceed the pension which would have been payable to an Eligible Spouse ignoring any young spouse reduction. The Trustee at its discretion shall divide any pension remaining among the Eligible Dependants.

If an Eligible Dependant was more than 10 years younger than the Member then the Eligible Dependant’s pension shall be reduced by 2.5% for each year by which the age difference exceeds 10 years or by such lesser amount as the Trustee may decide with the agreement of the Actuary.

The pension payable to an Eligible Dependant shall be payable from the day following the Member’s death and shall be payable for 10 years or until the earlier death of the Eligible Dependant. Thereafter the pension may be continued at the discretion of the Trustee and on such terms as the Trustee shall determine.