The Postal Services Act 2011 (Transfer of Accrued Pension Rights) Order 2012

Widows’ pensions: Members’ choices

11.—(1) A male Member who was excluded from Part III of the Superannuation Act 1965(1) by such an election as is referred to in Section 58 of that Act (repealed with savings by the Superannuation Act 1972(2), Schedule 7, paragraph 2), or a male Member whose “Reckonable Service” in the Civil Service began on or before the 14 July 1949, and who, being on that date unmarried or otherwise ineligible has not elected that the said Part III should not apply to him, may have chosen under the RMPP (in accordance with General Rule 20(2) (Widows’ Pensions: Members’ Choices) of the RMPP Rules) that his widow would receive—

(a) no annual pension in respect of his RMPP Reckonable Service before he joined the contributory part of the RMPP; or

(b) an annual pension of ¹/₃ of the Member’s pension in respect of his RMPP Reckonable Service before he joined the contributory part of the RMPP or 1 June 1972, whichever is the earlier, and an annual pension of ¹/₂ of the Member’s pension in respect of his service (if any) from 1 June 1972 and before he joined the contributory part of the RMPP; or

(c) an annual pension of ¹/₂ the Member’s pension in respect of his RMPP Reckonable Service before he joined the contributory part of the RMPP.

If such a Member had made no choice by such date as was notified to the Member by an Employer under the RMPP Rules, he was deemed to have chosen that his widow should receive no annual pension in respect of his RMPP Reckonable Service before he joined the contributory part of the RMPP.

(2) A Member who after 14 July 1949 gave notice under Section 10(5) of the Superannuation Act 1949(3) cancelling his election under Section 10 of that Act that Part 1 of that Act should not apply and should be deemed never to have applied to him, or notice under Section 58(5) of the Superannuation Act 1965 (repealed with savings by the Superannuation Act 1972(4), Schedule 7, paragraph 2) cancelling his election under Section 58 of that Act that Part III of that Act should not apply and should be deemed never to have applied to him, may have chosen under the RMPP (in accordance with General Rule 20(3) (Widows’ Pensions: Members’ Choices) of the RMPP Rules) that his widow shall receive either—

(a) an annual pension of ¹/₃ of the Member’s pension; or

(b) an annual pension of ¹/₂ of the Member’s pension in respect of his RMPP Reckonable Service before he joined the contributory part of the RMPP or 1 June 1972, whichever is the earlier.

If such a Member made no choice by such date as was notified to the Member by an Employer under the RMPP Rules, he was deemed to have chosen that his widow should receive an annual pension of ¹/₃ of the Member’s pension in respect of such service.

(3) A female Member who has a dependent husband may have chosen under the RMPP (in accordance with General Rule 20(4) (Widows’ Pensions: Members’ Choices) of the RMPP Rules) before the end of the Cut-Off Date that her dependent widower should receive either—

(a) an annual pension of ¹/₃ of the Member’s pension; or

(b) an annual pension of ¹/₂ of the Member’s pension in respect of her RMPP Reckonable Service before she joined the contributory part of the RMPP or 1 June 1972, whichever is the earlier.

If such a Member made no such choice before the end of the Cut-Off Date, her dependent widower shall receive no annual pension from the RMSPS in respect of such service.

(4) Any other Member may have chosen under the RMPP (in accordance with General Rule 20(5) of the RMPP Rules) that his widow shall receive either—

(a) an annual pension of ¹/₃ of the Member’s pension; or

(b) an annual pension of ¹/₂ of the Member’s pension in respect of his RMPP Reckonable Service before he joined the contributory part of the RMPP or 1 June 1972, whichever is the earlier.

If such a Member made no choice by such date as was notified to the Member by an Employer under the RMPP Rules, he was deemed to have chosen that his widow should receive an annual pension of ¹/₃ of the Member’s pension in respect of such service.

(5) A Member’s choice under any of the provisions of the RMPP Rules referred to in sub-paragraphs (1), (2), (3) or (4) of this Rule shall be final unless the Secretary of State agrees otherwise.

(1)

1965 c.74.

(2)

1972 c.11.

(3)

1949 c.44.

(4)

1972 c.11.